Skip to main content

Cannot go against surveyor report: Consumer forum

The Thane District Consumer Redressal Forum has pulled up the New India Assurance Company for refusing to accept an insurance claim of a businessman on the grounds that rainwater and not flood water had destroyed his goods.

Citing that the insurance company's defense to refuse claim on such technical grounds as unjust, the forum has directed the company to pay a compensation of Rs 20,000 and insurance of Rs 8.46 lakh at six per cent interest to Ajay Shivnani of M/s Satyam Distributors. His goods were destroyed in heavy rains in 2009. In his complaint, Shivnani told the forum that he took an insurance of Rs 15 lakh for goods stored in a warehouse between May 26, 2009 and May 25, 2010. Shivnani said despite his attempts to shift the goods to dry area, heavy rains on October 4 and 5, 2009 destroyed a huge chunk of goods estimated to be worth Rs 11.74 lakh.

The complainant immediately informed the insurance company, which on October 6, sent their investigator Surendra Kumar Kalra to verify Shivnani's claims. Kalra, in his report on October 26, 2009, accepted goods were destroyed in the rains but valued the loss of goods at Rs 8.46 lakh and not Rs 11.44 lakh as demanded by Shivnani.

The company, however, refused to pay the claim to Shivnani citing the above technical point.

The forum, after going through the insurance papers, said the company was not justified in raising such technical grounds when their own investigator had verified and accepted Shivnani's claim after which they passed the order.

Article referred: http://timesofindia.indiatimes.com/city/thane/Dont-refuse-claim-on-technical-grounds-Consumer-forum/articleshow/34341364.cms

Comment:
The above contention of the Ld. Forum appears to be opposed to the judgement of the Hon'ble Supreme Court in the Sri Venkateswara Syndicate vs Oriental Insurance Company, wherein the Hon'ble court clearly stated "under the Insurance Act, the assistance of a surveyor should be taken but the insurer was not bound to accept his opinion. The insurer can depute another surveyor and accept the latter view. The court would interfere only if the rejection of the survey report is arbitrary or malafide."

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

In Yashwant Rama Jadhav v. Shaukat Hussain Shaikh, First Appeal No. 1229 of 2017, decided on 18.11.2017,  the grievance of the petitioner before the National Consumer Disputes Redressal Commission was that appellants/complainants had entered into agreements with the respondents for purchase of residential flats, which the respondents were to construct and despite paying the substantial amount to the respondents, the construction of the flats had not been completed. The State Commission dismissed the complaints and ruled in favor of respondents against which the appellants approached the National Commission. The NCDRC held that Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even