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HEMANT GUPTA, V.RAMASUBRAMANIAN
Khatema Fibres Ltd. – Appellant
Versus
New India Assurance Company Ltd. – Respondent
Yes, the court in this case held that a consumer cannot succeed before a consumer forum unless they establish a "deficiency in service" as defined in the Act. The judgment explicitly states that the primary requirement for the consumer to succeed in their claim is to demonstrate that there has been a deficiency in service on the part of the service provider. The court emphasized that the definition of "deficiency" includes faults, imperfections, shortcomings, or inadequacies in the quality, nature, or manner of performance that are required to be maintained by law or undertaken in pursuance of a contract (!) (!) .
JUDGMENT :
V. Ramasubramanian, J.
1. Aggrieved by the Judgment of the National Consumer Disputes Redressal Commission (for short “National Commission”) confining the compensation payable to them only to the extent of the assessment as made by the final Surveyor, the complainant before the National Commission has come up with the above appeal.
2. We have heard Ms. Meenakshi Arora, learned senior counsel for the appellant and Mr. Joy Basu, learned senior counsel for the respondent-Insurance Company.
3. The appellant took a “Standard Fire and Social Perils” policy for the period from 7.05.2007 to 6.05.2008, for a sum of Rs.42,40,00,000/-. When the policy was in force, a fire broke out in the factory premises of the appellant on 15.11.2007.
4. The appellant submitted a claim on 19.11.2007, estimating the quantity of waste paper destroyed by fire at 8500 MT and its value at Rs.13,00,00,000/-.
5. One M/S Adarsh Associates, appointed by the respondent-Insurance Company, conducted a survey, sought documents from the appellant, raised queries and received clarifications from the appellant a
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