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C. VISWANATH, RAM SURAT RAM MAURYA
New India Assurance Co. Ltd. – Appellant
Versus
Shirish Goel – Respondent
ORDER
This Appeal is filed against the order dated 15.01.2013 of the Haryana State Consumer Disputes Redressal Commission, Commission, Panchkula (hereinafter referred to as “the State Commission) in CC/6/2012.
2. Case of the Complainant/Respondent is that on 31.10.2009 he took Fire and Special Perils Policy No.312700/11/09/11/00000204 from the Opposite Parties/Appellants. The Policy covered the building located at 21/31 and 22/31, Tatarpur Jatula Road, Village Jarula, District Palwal valid from 31.10.2009 to 29.10.2010. While issuing the Policy, the Opposite Party mentioned incorrect name of the Complainant which was later on corrected. The Complainant was not supplied with the completed copy of the Policy. The Complainant, however, obtained the same by an application under Right to Information Act, 2005. On 01.05.2010 fire broke out in the insured premises due to short circuit causing loss/damage to the stock and building. Intimation of fire was given to the Fire Brigade and the fire was extinguished. Police recorded a case, vide FDR No.4 dated 04.05.2010 at Police Station Gadpuri. Intimation of fire was also given to the Opposite Party, who appointed Shri Hans Chaudhary HRC Assoc
Purchase of policy – The Opposite Party was, therefore, not liable to indemnify the loss. Regarding existence of the building on the date of purchase of the Policy.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Surveyor report The surveyor report is not based on legally justiciable reasons and facts and cannot be relied upon, being arbitrary and perverse.
Insurance Policy – Fire in Insured Premises – For a surveyor’s report to be declared unacceptable, it is essential that it should be shown to be perverse & arbitrary.
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
(1) Hearsay – No documentary evidence in regard to financial stress of the insured has been brought on record and this assertion is merely a hearsay.(2) Sampling – A mere sampling of some bills canno....
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