Suresh Chandra, Member—Feeling aggrieved by the order dated 19.03.2009 passed by the State Commission, OP No. 1, i.e. the National Insurance Company Ltd., has filed the present appeal no. 216 of 2009 impugning the same. The Complainant i.e. M/s Hari Om Marketing, Ahmedabad has also filed a cross appeal no. 431 of 2009 against OP No. 1 as well as OP No. 2 i.e. the UCO Bank, Ahmedabad. For the sake of convenience, the parties in this case are being referred to by their nomenclature in FA No. 216 of 2009 except OP No. 2 – Bank, which is referred to as OP No. 2. By its impugned order passed in complaint No. 6 of 2005 filed by the Respondent/ Complainant, the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad (in short the ‘State Commission’) has directed as under:

“Complaint is partly allowed.

Opponent No.1 shall pay Rs.5,13,412/- with interest @ 9% per annum from the date of repudiation letter and also pay Rs.5000/- towards cost, mental agony etc., to the complainant. Complaint against opponent No. 2 is dismissed”.

2. The Respondent who is a proprietor of a partnership concern namely Hari Om Marketing with its head office at C/1/284 GIDC, Naroda, Ahmedabad, i