Tribunals and Commissions(2012) 05 NCDRC CK 0068

ORIENTAL INSURANCE CO. LTD vs K.K.J. Group International India Pvt Ltd

National Consumer Disputes Redressal Commission · Decided on 29 May 2012 · Citation: 2012 0 NCDRC 813 : 2012 3 CPJ 66

HON’BLE JUDGES
R.C.JAIN , S.K.NAIK J.
RESULT
Petition dismissed

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Judgment

2 paragraphs · 264 words
1.

AGGRIEVED by the concurrent findings and the orders passed by the Fora below, Oriental Insurance Company Limited chose to file this petition purportedly under Section 21(b) of the Consumer Protection Act, 1986. The facts and circumstances which led to the filing of the present petition and passing of the orders are amply noted in the orders passed by the Fora below and we need no repetition at our end.

2.

MR . Vishnu Mehra, Counsel for the petitioner on the strength of a communication dated 28.7.2008 issued by K.J. Philip, Surveyor addressed to M/s. Popular Mega Motors (I) Ltd., Kottayam, assails the findings of the Fora below and submits that there was never any opposition from the side of the Insurance Company to the replacement of the chassis, if it was necessary and which was actually replaced later on and, therefore, it cannot be said that the Insurance Company has committed any deficiency in service in the settlement of the insurance claim relating to the said vehicle. We have noted down the submissions only to be rejected because in our view, there has been undue delay in changing the chassis and as a result of which the commercial vehicle i.e., Tata Tripper must have been ''off the road '' for a long time. In view of this position, we are of the view that the award of compensation of Rs. 1 lakh to the insured is, by no means, unjustified and in any case, it is not excessive or harsh. The revision petition is accordingly dismissed as devoid of merit. Revision Petition dismissed.