Karnataka

StateCommission

A/974/2014

Branch Manager, United India Insurance Co Ltd., - Complainant(s)

Versus

Henry Denis Menezes - Opp.Party(s)

A.N.K

01 Jun 2022

ORDER

01.06.2022.

:ORDER:

BY SRI. RAVISHANKAR, JUDICIAL MEMBER.

          This appeal is filed by the appellant/Opposite Party being aggrieved by the order dated:25/03/2014 passed by Dakshina Kannada District Consumer Commission in C.C.No.246/2011, wherein the District Commission allowed the complaint filed by the complainant by directing this appellant to pay an amount of Rs.7,04,700/- along with interest @ 12% p.a. from the date of complaint till realization together with cost of Rs.2,000/-.

2.       We have heard the arguments of appellant.  Respondent did not address his arguments by appearing before this Commission in spite of sufficient opportunities given to him

3.       The learned counsel for appellant vehemently argued that the District Commission assumed that the surveyor has assessed the own damage claim to the tune of Rs.7,04,700/-, whereas the surveyor has assessed and made a suggestion for payment of Rs.5,87,050/-.  The District Commission without any grounds, has directed this appellant to pay Rs.7,04,700/- along with interest @ 12% p.a. which is against to law and further submits that they are ready to pay the amount as per the suggestion made by the surveyor i.e., Rs.5,87,050/- and hence prays to set-aside the impugned order. 

4.       Considering the submission made by the learned counsel for appellant and on observation of the impugned order, we noticed here that the District Commission has wrongly interpreted the surveyor report and directed the Opposite Party to pay Rs.7,04,700/-, which is not in accordance with law.  In-fact, the surveyor has suggested to pay an amount of Rs.5,87,050/- after depreciation.  Hence, the order passed by the District Commission is required to be modified.  Accordingly, we proceed to pass the following:-

:ORDER:

The appeal is allowed.  No costs.

The impugned order dated:25.03.204 passed by Dakshina Kannada District Consumer Commission in C.C.No.246/2011 is hereby modified as under:-

          The Opposite Party is directed to pay Rs.5,87,050/- to the complainant along with litigation cost of Rs.5,000/- within one month from the date of this order.  

The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainant. 

Return the LCR forthwith to the concerned District Commission.

          Forward copy of this order to both parties as well as concerned District Commission. 

 

Lady Member.                                                      Judicial Member.

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