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R. K. AGRAWAL, S. M. KANTIKAR
National Insurance Co. Ltd. – Appellant
Versus
Arora Housing Pvt. Ltd. – Respondent
ORDER
R.K. Agrawal, J., President—The present Appeal has been filed against the Order dated 11.04.2012 passed by the State Consumer Disputes Redressal Commission Uttarakhand (hereinafter to be referred to as “State Commission”), whereby the Complaint filed by the Complainant was allowed and the Opposite Party Insurance Company was directed to pay a sum of Rs.96,78,211/- alongwith interest @10%p.a. from the date of filing of the consumer complaint till the date of actual payment together with cost of Rs.10,000/- the Complainant.
2. Brief facts of the case as narrated in the Complaint are that the M/s. Arora Housing Private Limited, (hereinafter referred to as the Complainant) was running an institute for education of the students under the name and style of “International Tourism Institute (India)” at its building situated at Jahangirabad Palace, Mallital, Nainital and also a hotel under the name and style of “Palace Resorts” in the same building mainly for the purpose of imparting practical training to the students of the said Institute. The Complainant renovated and furnished the said building for which it invested its own capital and also took a loan of Rs.1.10 Crore from Punjab
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
Report of surveyor is an important document and a basis for consideration of the claim.
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
Approved Surveyor’s assessment is necessary for a claim – There is no reason to reject Report of Surveyor Target Surveyor which inspire confidence of Bench.
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