NEW INDIA ASSURANCE CO LTD Vs. SUPER FASHION

JUDGEMENT

(1.) Challenge in this First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), by New India Assurance Co. Ltd. (for short "the Insurance Company"), the sole Opposite Party in the Complaint under the Act, is to the order dated 28. 0 2010, passed by the State Consumer Disputes Redressal Commission, Delhi at New Delhi (for short "the State Commission") in Complaint Case No. C-153/02. By the impugned order, while accepting the Complaint, filed by the Respondent herein, alleging deficiency in service on the part of the Insurance Company in not indemnifying the total loss quantified at Rs. 8,63,766/-, claimed to have been suffered by him on account of damage to the equipment/material insured, under the Standard Fire and Special Perils Insurance Policy, obtained from the Insurance Company, the State Commission has directed the Insurance Company to pay to the Respondent a sum of Rs. 6,43,344/- towards the balance claim, within thirty days of the date of receipt of copy of the order, with a default stipulation that if the said amount was not paid within the said time, the said amount shall carry interest @ 6% p. a. , and costs of litigation, quantified at Rs. 10,000/-. However, the claim for further compensation/damages, made by the Respondent, has been rejected by the State Commission.

(2.) Briefly stated, the material facts, leading to the filing of the Complaint, are as follows:

(3.) As noted above, the State Commission has allowed the Complaint, with the afore-stated directions, observing thus: