Case Law Details
Bajaj Allianz General Insurance Co. Ltd. Vs Dr. Kumar Bhandari (NCDRC)
Conclusion: The National Consumer Disputes Redressal Commission observed that in the insurance matters Surveyor’s Report is not the final word and it is not binding upon the insured or insurer. It was also upheld that when the Company certified while issuing the policy that there is a first class construction, then the plea of pre-existing defect in the structure of the insured building cannot be taken into consideration.
Facts: In present case, the present Appeal has been filed against the Order dated 01.04.2013 passed by the State Consumer Disputes Redressal Commission Sikkim, Gangtok, whereby the Complaint filed by the Complainant was allowed and Opposite Party Insurance Company was directed to pay Rs. 42,05,408.56 towards claim of the Complainant within 45 days and cost of Rs. 20,000/-was also awarded.
Brief facts of the case were that the Complainant/Respondent obtained a Standard Fire and Special Perils Policy from the Opposite Party in respect of his building at for the period from 27.06.2007 to 26.06.2017. During the currency of the Policy, on 18.09.2011 due to a major earthquake of 6.8 on the Richter scale the insured building got severally damaged. Complainant informed the incident to the Insurance Company. Complainant submitted the claim with the Insurance Company for repair and re-strengthening of the insured building. Complainant received a letter dated 01.06.2012 from Insurance Company reducing his claim to only 23,37,866/-. It is the case of the Complainant that since the Town Planner has directed him to either dismantle or retrofit the building, he commenced with the repair work with retrofitting on the building at his own cost. Since Insurance Company offered a sum of Rs. 23,37,866/- against a claim of Rs. 42,05,408.56, alleging deficiency in service on the part of the Opposite Party Insurance Company, Complainant filed a Complaint before the State Commission.
The State Commission have accepted the claim.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
