AJAY KUMAR CHOURASIA vs NEW INDIA ASSURANCE CO. LTD.

THIS is a complaint under Section 17(a)(i) of the Consumer Protection Act, 1986 (for short the ''Act'') to claim the amount of Rs. 3,25,000/- for the loss suffered from 28.11.1996 under own damage claim of the total loss of the vehicle and Rs. 50,000/- for mental pain suffering with costs.

ADMITTEDLY, the complainant''s commander jeep M.P. 05/F-0714 of 1995 model registered as taxi comprehensively insured with the opposite parties covering the risk for the period from 25.9.1996 to 24.6.1997, while it was parked at the residence of the complainant was stolen in the intervening night of 27.11.1996 and 28.11.1996. A First Information Report was lodged on the same day at the Police Station, Betul whereupon a case was registered under Section 379, IPC at crime No. 578 of 1996. The complainant also sent the information of theft of Jeep to the Branch of the opposite party on the same day. The Surveyor appointed by the opposite parties assessed the market value of the vehicle of Rs. 1,70,000/- which was payable to the complainant vide report dated 1.5.1997 as the vehicle had already covered the run of more than 35000 kilometres. On report of the Surveyor, the opposite parties demanded from the complainant original copy of the FIR and FR report vide letter dated 8th July, 1999, which according to the complainant were sent vide letter dated 8th July, 1999. The opposite parties sent another letter dated 17.9.1997 to submit the consent for the amount offered by the Surveyor with original copy of the FIR and FR issued by the Superintendent of Police. The complainant did not agree to accept the amount as assessed by the Surveyor, hence this complaint which is resisted on various grounds. Having heard Mr. Mohan Chouksey, learned Counsel for the complainant and Mr. Mahavir Bhatnagar and Mr. S.K. Menon, learned Counsel for the opposite parties and on appraisal of the documents produced, we are of the opinion that the opposite parties cannot be held deficient in service as the amount was offered to the complainant demanding consent letter but the complainant did not accept the amount. The complainant would have accepted the same under protest. However the opposite parties ought to have paid the amount to the complainant. Even on filing of the complaint the opposite parties did not deposit the amount for payment before this Commission. Therefore, in our opinion the complainant is entitled to Rs. 1,70,000/- with interest thereon at the rate of 12% per annum after the expiry of the period of three months from the date of Surveyor report that is from 1.8.1997.

Therefore, we direct that the opposite parties shall pay Rs. 1,70,000/- with interest thereon at the rate of 12% per annum from 1.8.1997 till payment with costs of Rs. 1,500/- to the complainant within a period of two months from the date of receipt of certified copy of this order, failing which the interest shall be payable at the rate of 15% per annum.

IN the result, the complaint is allowed as indicated hereinabove. A copy of this order be conveyed to the parties. Complaint allowed.