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GAUTAM CHOURDIYA, PRAMOD KUMAR VARMA
Manager, Universal Sompo General Insurance Co. Ltd. – Appellant
Versus
Vijay Ghoshal – Respondent
ORDER
Gautam Chourdiya, President—This appeal is filed under section 41 of the Consumer Protection Act 2019 (hereinafter referred to as “the Act” for short) against order dated 04.07.2024 passed by District Consumer Disputes Redressal Commission, Bastar at Jagdalpur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/67/2022, whereby the complaint was partly allowed and the opposite party No.1/ appellant herein was directed to pay the respondent No.1/ complainant the amount of insured sum of his shop and stock, which suffered total loss in fire incident, Rs.20,00,000/- (Twenty Lacs) along with simple interest @ 7% p.a. from the date of filing complaint 13.07.2022 within one month, failing which the interest was directed to be paid @ 9% p.a. The opposite party No.1/ appellant was further directed to pay Rs.10,000/- (Ten Thousand) to the complainant/ respondent No.1 towards compensation for mental agony and sufferings along with cost of litigation Rs.3,000/- (Three Thousand). The opposite party No.2/ respondent No.2 was directed to waive off the interest and penalty thereon from the date of loss 06.04.2021 till deposit of insurance compensation as abov
Insurance Company cannot repudiate a bonafide claim without any justifiable reason.
Insurance Company is bound to indemnify loss in terms of insurance cover.
1) Mere reading shows that Violation of Policy Conditions written in surveyor’s report are patently ambiguous and incoherent.2) Nothing prevented the insurance co.’s surveyor to confirm from relevant....
1) Though all required documents were submitted by the Respondent to the Appellant, claim of the Respondent was repudiated by the Appellant for not supplying the documents.2) Calculation made by surv....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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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