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DEEPA SHARMA, SUBHASH CHANDRA
New India Assurance Co. Ltd. – Appellant
Versus
Enmax Systemz – Respondent


Counsel for the Parties:
For the Appellant:Mr. Salil Paul and Mr. Sahil Paul, Advocates (physical)
For the Respondent:Ms. Sakshi Raghav, Advocate (virtual)

ORDER (ORAL)

The present Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”) has been filed by the Appellant (hereinafter referred as “the Insurance Company”) against the order dated 09.10.2019 of the State Consumer Disputes Redressal Commission, Delhi (for short “the State Commission”) in Complaint No.562 of 2014 filed by the Respondent (hereinafter referred as “the Complainant”). The Complaint was allowed by the State Commission.

2. The Insurance Company has challenged the impugned order on the ground that it suffers with illegality and infirmity since the State Commission has awarded the amount towards the loss suffered by the Complainant, more than the insured amount. It is argued that the goods were insured for a sum of ¹ 23,97,325/-, and the State Commission has awarded a sum of ¹ 26,54,328.49ps. It is further submitted that the interest @ 9% p.a. has been awarded w.e.f. 04.06.2013, i.e., the date of incident. It is submitted that the interest ought not to have been awarded from the date of incident, but from the date of filing of the Complaint. It is argued that the State Commission has also erred in not accepting the report of the second surv

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