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INDER JIT SINGH
National Insurance Company Limited – Appellant
Versus
Guljit Chaudhri – Respondent
ORDER
Initially the present First Appeal (FA) has been filed by the Appellant against the Respondent under Section 21 (a) (ii) of the Consumer Protection Act, 1986 (in short, the Act) read with section 58 (1) (a) (iii) of the Act. However, on 12.10.2023, the Appellant was directed to state whether he is filing the First Appeal under the old Act or the new Act. During the hearing, learned counsel for the Appellant stated that he wishes to pursue his FA under the Old Act. Accordingly, he was granted two weeks time to modify the FA to bring it in conformity with the old Act.
2. The present First Appeal (FA) has been filed by the Appellant against Respondent as detailed above, under section 21 (a) (ii) of Consumer Protection Act 1986, against the order dated 19.05.2023 of the State Consumer Disputes Redressal Commission Delhi (hereinafter referred to as the ‘State Commission’), in Consumer Complaint (CC) no. 397 of 2015 inter alia praying for setting aside the order dated 19.05.2023 of the State Commission.
3. The Appellant was Opposite Party and the respondent was Complainant before the State Commission in the said CC No. 397 of 2015 before the State Commission.
4. Notice on Caveat wa
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Insurance Policy, viz; Standard Fire & Special Peril Insurance Policy – Repudiation of claim not justified – Complainant is Consumer as he filed claim for recovery of amount assessed by surveyor.
Underinsurance assessed by Surveyor is arbitrary.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
Surveyor report The surveyor report is not based on legally justiciable reasons and facts and cannot be relied upon, being arbitrary and perverse.
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
Report of surveyor is an important document and a basis for consideration of the claim.
Insurance – In absence of requisite evidence from Complainant to support peril covered under policy, no liability can be fastened upon Insurer.
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
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