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SUBHASH CHANDRA, SADHNA SHANKER
E. R. Motors – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
Dr. Sadhna Shanker, Member.—These cross appeals have been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 23.03.2015 of the State Commission in complaint No.05 of 2014, whereby the complaint was allowed.
2. We have heard the learned counsel for M/s E.R. Motors (hereinafter referred to as the ‘complainant’) and learned counsel for the respondent (hereinafter referred to as the ‘insurance company’) and perused the record including inter alia the Order dated 23.03.2015 of the State Commission.
The complainant has filed appeal No.357 of 2015 for enhancement of compensation while the insurance company has filed appeal No.435 of 2015 seeking setting aside of the order dated 23.03.2015 of the State Commission.
3. The facts, in brief, are that the complainant had set up a service centre for providing service to vehicles, manufactured by Tata Motors, by obtaining finance of Rs.45 lakh through cash credit limit from Punjab National Bank, Sulhi. The complainant constructed building and also purchased machinery and the plant for running the service station. He had also stock of spare parts, lubricants and
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 companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
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