Before District Consumer Forum
Karbi Anglong
Assam
Consumer Case Number:-CC/92/2007
Complainants Name:- Dilip Kumar Biswas
M/S Dilip Engineering Works
Daily Market,Diphu
Karbi Anglong
Assam
VS
Opposite Party:- (1) The Branch Manager (Oriental Insurance Co. Ltd.)
Oriental Insurance Co. Ltd.
Diphu Branch,Diphu
(2) Regional Manager (Oriental Insurance Co. Ltd.)
Regional Office, G.S Road,UluBari
Guwahati-7
(3) Zonal Manager (Oriental Insurance Co. Ltd.)
Zonal Office Dimapur
Nagaland
Advocates:- Shri P.K. Nandi, Ld. Advocate (For The Complainant)
Ms. A. Modi, Ld. Advocate (For The Opposite Party)
Case Type:-Consumer Case(CC)
Present :- Shri M.C Sahu, IAS
President, District Consumer Forum,Karbi Anglong,Diphu
Smti. R. Singnarpi
Member, District Consumer Forum,Karbi Anglong,Diphu
Date of filing Complaints:-16/03/2007
Date Of Judgement:-27/10/2009
JUDGEMENT AND ORDER
After due consideration to all aspects and as the incident of fire was not a disputed matter in the instant cases and also considering making of due payment of policy premium by the complainant in time,this forum is hereby ordered that:-
1) The Insurance company shall settle the claim of the Complainant applying principle of natural justice and enquity on lines similar to those of Tipu Saha and Tapan Saha.
2) The Insurance Company shall pay interest @ 9% per annum w.e.f. 20.02.2007 i.e. with effect from the date on which the petition was filed in this Forum,on the finally settled amount till the final settlement of the claim by the Insurance Company.
3) The Insurance Company shall pay to the Complainant a sum of Rs 1,000(Rs One Thousand only) as compensation for the ‘deficiency in service’ caused by the Insurance Company.
4) The Insurance Company shall pay to the Complainant a sum of Rs 1,000(Rs One Thousand only) towards cost incurred by the complainant in contesting this case.
5) The Policy was terminated prematurely by the Opposite Party No.1 i.e. The Branch Manager (Oriental Insurance Co. Ltd.),and as per the clause 5 of the General Conditions of the Policy bond,the Company shall be reliable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancellation.The Complainant shall put a written demand to the Opposite Part No.1 i.e. The Branch Manager (Oriental Insurance Co. Ltd.) for the refund of the rateable proportion of the premium for the unexpired term from the date of cancellation within 15 days from the date of the order,and the Opposite Party No.1 shall make the refund after receipt of the demand from the complainant.
6) All the payment by the Insurance Company shall be made within a period of 60 days from today.