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J. RAJENDRA, AVSM VSM
Raj Khad Bhandar – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (“the Act”) against the Order dated 20.10.2016 passed by the learned Haryana State Consumer Disputes Redressal Commission, Panchkula (“the State Commission”), in Consumer Complaint No.41 of 2015, wherein the Complaint filed by the Complainant (Appellant herein) was partly allowed.
2. For Convenience, the parties in the present case being referred to as mentioned in the Complaint before the State Commission. The Complainant is the proprietor of M/s. Raj Khad Bhandar and running Pesticides and Fertilizer Products business. United India Insurance Company Ltd. is referred to as the Opposite Party/Insurer (OP).
3. Brief facts of the case, as per the Complainant, are that the Complainant obtained a standard fire insurance policy from the OP for Rs.40,00,000/- valid from 05.11.2012 to 04.11.2013. On the night of 30.10.2013, a fire erupted in the Complainant’s shop, resulting in the destruction of goods valued over Rs.40,00,000/-. Subsequently, they submitted a claim for the sum assured, but only Rs.3,27,180/- was paid. Dissatisfied, they filed Consumer Complaint No.41 of 2015 before the Sta
(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....
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.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
Surveyor report The surveyor report is not based on legally justiciable reasons and facts and cannot be relied upon, being arbitrary and perverse.
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