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SUBHASH CHANDRA, J. RAJENDRA
Patson Agro Exports Pvt. Ltd. – Appellant
Versus
Divisional Manager, United India Insurance Company Ltd. – Respondent
JUDGMENT
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Parties seeking to direct the OPs:
“i) That, the opponent insurance company may kindly be directed to pay the remaining amount of Rs. 1,22,12,4671- (Rupees one crore twenty two lakh twelve thousand four hundred and sixty seven Only) from the total claim of Rs.2,97,55,601/-.
ii) That, the opponent may kindly be directed to pay the interest @ 18% p.a. from the date of accident i.e. 9.2.2015 till the date of full realization of the entire amount from the opponent.
iii) Direct the Opponent to pay Compensation of Rs. 30 Lakhs for the delay in claim settlement due to which the Complainant’s loan account with Canara Bank became NPA and the Complainant suffered heavy business loss.
iv) Direct the Respondent to pay a compensation of Rs. 2,00,000/- for causing mental agony to the Complainant.
v) That, cost of this complaint to the tune of Rs. 1,00,000/- may kindly be awarded to the complainant from the respondent.
vi) That any other relief to which the complainant is entitled in law and eq
Insurance claims must be assessed based on fair and contractual standards, avoiding arbitrary deductions.
Surveyor – The assessment made by a surveyor holds significant importance.
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
(1) Adverse Claim – The law mandates that a party confronted with an adverse claim must voice its opposition; failure to do so results in a deemed acceptance of the allegations or facts asserted agai....
Assessment of Damage - In the absence of any concrete evidence to justify the assessment of the damage on account of the fire on the premises of the complainant to be valued differently from that cla....
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