IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 21.07.2017 Date of Hearing: 19.12.2024 Date of Decision: 07.03.2025 COMPLAINT CASE NO. - 1216/2017 IN THE MATTER OF M/S AHLUWALIA CONTRACTS (INDIA) LIMITED A-177, OKHLA INDUSTRIAL AREA, PHASE-1, NEW DELHI-110020.

(Through: Kunal Madan, Shyam Babu, Manu Bakshi, Ritika Nigam, Tanvi Madan, Advocates, KMA Law Offices)

…COMPLAINANT VERSUS M/S UNITED INDIA INSURANCE CO. LTD.

DIVISIONAL OFFICE-1, 60, JANPATH, NEW DELHI-110001.

(Through : Mr. Sankar N. Sinha, Advocate)

…OPPOSITE PARTY CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: None for the Complainant.

Mr. Sankar N. Sinha, Counsel for the Opposite Party PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present Complaint has been filed before this Commission under Section 17 of the Consumer Protection Act, 1986, by the Complainant alleging deficiency in service on the part of the Opposite Party and has prayed for the following reliefs: “(a) Direct the opposite party to release the claim amount of Rs. 26,53,120/- (Rupees Twenty Six Lac Fifty Three thousand one hundred twenty Only) in favour of the Complainant;

(b) direct the Opposite Party to pay pendent-lite and future interest @ 24% per annum on the aforesaid amount from the date of payment to legal heirs of deceased till its realization;

(c) Grant compensation of Rs. 5,00,000/- for inconvenience, mental agony & harassment undergone by the complainant;

(d) Grant of Rs. 50,000/- towards litigation costs;

(e) pass such other or further order(s) as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the present case.”

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant is a Company duly incorporated under the provisions of the Company Act, 1956 and is engaged inter-alia, in the business of construction, engineering and designing. The Opposite Party through its authorized representative approached the Complainant-Company at its registered office and had represented as one of the best service providers in insurance sector. The Complainant Company believing on representation made by the Opposite Party, took the workmen compensation (General) Policy for its employees/labours vide policy bearing no. 040100/41/13/00000031 for covering 260 unnamed workmen which was effective from 30.06.2013 to 29.12.2013. The Complainant also paid the premium of Rs.1,16,950/- vide receipt bearing no. 140100/81/13/0000002617 dated 26.06.2013 and same was duly received and acknowledged by the Opposite Party. On 10.07.2013, the workmen/labourers of the Complainant Company were working at Logix Infratech Pvt Ltd. and unfortunately three employees namely Sh. Sanoj, Sukru and Ravi Mukhiya, fell from the building while working on site and met with fatal incident. The Complainant thereafter took the injured to Naveen Hospital, Alpha-1, Greater Noida, U.P. where all the 3 employee were declared "dead" by the hospital. The Complainant thereafter, immediately submitted its claim along with documents with Opposite Party and requested for release of claim amount. On receipt of the claim, the Opposite Party appointed M/s JSR Surveyors (P) Ltd as surveyors in the present matter. It is submitted that the Complainant has provided all the documents as and when demanded by the aforesaid surveyor and extended all cooperation to the aforesaid surveyor as required. However, it is submitted that the Opposite Party arbitrarily and illegally repudiated the genuine claim of the Complainant vide letter dated 30.12.2015 without assigning any plausible and cogent reason. It is further submitted that the legal heirs of the deceased had also filed the Claim for compensation before workmen's compensation commissioner and the Workmen Commissioner has passed the awards of Rs. 8,96,000/-, 8,96,000/- and 8,61,120/- in favour of the legal heirs of the deceased. It is submitt