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SUBHASH CHANDRA
Sadhna Shanker, MemberBajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
M. M. Knitwears Pvt. Ltd. – Respondent
ORDER
Dr. Sadhna Shanker, Member—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 05.05.2016 of the State Commission in complaint no. 145 of 2009, whereby the complaint of the complainant company was allowed and the appellant / opposite party no. 1 was directed to pay an amount of Rs. 21,27,173/- less Rs. 2,59,741/- (already paid) with interest at the rate of Rs.10% per annum alongwith Rs. 1,00,000/- towards compensation and litigation cost.
2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘insurance company’) and the learned counsel for the respondent (hereinafter referred to as the ‘complainant company’) and perused the record including the State Commission’s impugned Order dated 05.05.2016 and the memorandum of appeal.
3. The opposite party no. 2 (hereinafter referred to as the ‘bank’) has been ordered to be proceeded against ex parte vide Order dated 06.09.2022.
4. The appeal has been filed with reported delay of 46 days.
In the interest of justice and considering the reasons given in the application for condonation of delay, the delay in filin
Surveyor report The surveyor report is not based on legally justiciable reasons and facts and cannot be relied upon, being arbitrary and perverse.
(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....
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.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
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