SURENDRA KUMAR BHILAWE vs. THE NEW INDIA ASSURANCE COMPANY LTD.

FACTS

This appeal is against a judgment and order dated 23.2.2015 passed by the National Consumers Disputes Redressal Commission, New Delhi, hereinafter referred to as ‘National Commission’, allowing Revision Petition No.4126/2014 filed by the Respondent, hereinafter referred to as ‘the Insurer’, setting aside an order dated 09.1.2014 passed by the District Consumer Disputes Redressal Forum, Raipur, hereinafter referred to as ‘the District Forum’ allowing the Complaint Case No.404 of 2012; and an order dated 22.7.2014 passed by the Chhattisgarh State Consumer Disputes Redressal Commission Pandri, Raipur (C.G), hereinafter referred to as the State Commission, dismissing an appeal being Appeal No.FA/14/85 of the Insurer against the said order of the District Forum; and dismissing the said complaint filed by the Appellant.

ISSUES

(i) Was any ‘No Objection’ obtained from ICICI Bank for transfer of the said truck?

(ii) Could the Appellant have transferred the said truck without ‘No Objection’ from ICICI Bank?

(iii) Were any steps ever taken for transfer of registration of the said truck in the name of Mohammad Iliyas Ansari?

JUDGEMENT

The impugned order of the National Commission under appeal is set aside and the order of the District Forum is restored. The Insurer shall pay to the Appellant a sum of Rs.4,93,500/- as directed by the District Forum with interest as enhanced by this Court to 9% per annum from the date of claim till the date of payment. The sum of Rs.5,000/- awarded by the District Forum towards compensation for mental agony and Rs.2,000/- awarded towards the cost of litigation, is in our view grossly inadequate. The Insurer shall pay a composite sum of Rs.1,00,000/- to the Appellant towards costs and compensation for the agony caused to the Appellant by withholding his legitimate dues. The amounts as directed above shall be paid to the Appellant within six weeks from date of the judgment and order.

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