Order No. 2 date: 16-03-2018 Sri Shyamal Gupta, Member Record is put up today for passing order in respect of the admissibility of the complaint.
The present complaint is filed seeking inter alia following relief (1) claim amount - Rs.
16,46,446/- together with interest @ 10% p.a. (2) compensation towards future loss - Rs.
10,00,000/- (3) compensation for opportunity loss - (4) mental loss Rs. 2,00,000/- and (5) litigation cost - Rs. 50,000/-.
In this regard, it is important to note here that the total sum insured of the subject insurance policy, viz., Standard Fire and Special Perils Policy is Rs. 1,03,00,000/-.
According to Sec. 17 of the Consumer Protection Act, 1986, State Commission can entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore.
Insofar as the sum total of the value of insurance policy, claim and other reliefs as mentioned in the petition of complaint breach the threshold limit as set out u/s 17 of the Act, we afraid, the present case cannot be admitted.
Accordingly, the complaint stands dismissed being not maintainable. The Complainant shall be at liberty to approach the appropriate Court of Law for relief.
[HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER