Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act deficiency |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Consumer Protection Act, 1986 – ss. 23 and 2(1)(g) – Surveyor’s Report – Assessment of loss – Correctness of – Accidental fire in the factory of complainant – Waste paper destroyed by fire – Claim raised by complainant estimating the value of the paper destroyed – However, the surveyor appointed by the Insurance Company assessed the loss suffered by the complainant on account of the fire accident at a lesser amount – Consumer complaint – National Commission awarded compensation payable to them only to the extent of the assessment made by the final surveyor – Interference with – Held: Not called for – In a complaint before the Consumer Forum, a consumer cannot succeed unless he establishes deficiency in service on the part of the service provider – Consumer Forum which is primarily concerned with an allegation of deficiency in service cannot subject the surveyor’s report to broad examination – Once it is found that there was no inadequacy in the quality, nature and manner of performance of the duties and responsibilities of the surveyor, and the report is not based on adhocism or vitiated by arbitrariness, then the jurisdiction of the Consumer Forum to go further would stop – On facts, Insurance Company admitted the claim of the complainant to the extent of the loss as assessed by the Surveyor – All the objections of the complainant to the Surveyors’ Report wholly unsustainable and the National Commission rightly rejected those objections – Insurance Act, 1938 – s.64UM(1A), (2). |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2021 INSC 565 |
Petitioner | Khatema Fibres Ltd. |
Respondent | New India Assurance Company Ltd. & Anr |
SCR | [2021] 9 S.C.R. 268 |
Judgement Date | 2021-09-28 |
Case Number | 9050 |
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