Date of filing:- 25/08/2020.

Date of Order:-22/04/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 68 of  2020.

            Sunil Kumar Agrawal, S/o Kailash Prasad Agrawal, aged about 45(forty five) years, Occupation- Business Managing Partner Maa Shakambari Rice Mill, At/Po. Gudesira,  Ps/Tahasil/Dist. Bargarh.                           .....            ....     .....           Complainant.

-: V e r s u s :-

1. The Branch Manager, SBI General Insurance Company ltd, At- Swagat (Bijaya Bhawan) Second Floor (G-2), Ainthapali, Po. Budharaja, Dist. Sambalpur, Odisha, Pin-768004.
2. The Manager, SBI General Insurance Company Ltd, 4^th Floor 'B' Block, Apeejay House, 15^th, Park Street, Kolkata-700016.         .....       .....       .....   Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            Sri A.B.Sahu, Advocate with associates.

For the Opposite Parties :-                   Sri P.K.Mahapatra, Advocate with associates.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.22/04/2024.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agrawal, Member(w):-   

1)         The case of the Complainant is that the Complainant had initially one paddy processing unit namely M/s Jayshree Jeemata Paddy Processor and has done insurance of the unit  S.B.I. General Insurance vide Policy No.6821122 effected from 24-07-2017 to 23-05-2018 on due payment of premium. When the policy was intact the said unit was renamed as Maa Sakambari Rice Mill and on dt. 24-05-2017 due endorsement of the policy was done in favour of Sakambari Rice Mill. After completion of Kharif Season of March-2018 the Complainant started purchase from local farmers from 01-04-2018 to 30-04-2018 and no Govt. paddy were staged with the Complainant in their mill. Due to untimely storm and rain the Complainant suffered loss of Rs. 35,04,822/-(Rupees thirty five lakh four thousand eight hundred twenty two)only, and as the unit was under the umbrella covering insurance, the Complainant claimed insurance to the tune of  Rs. 35,04,822/-(Rupees thirty five lakh four thousand eight hundred twenty two)only vide claim No. 500137 but the Opposite Party instead of settling the claim defer the matter on some pretext and finally vide letter Dt.24-12-2018 the Opposite Parties denied to release the claim of the Complainant.

            Being harassed and for the deficiency in service caused by the Opposite Parties to the Complainant the Complainant filed the complaint before this Commission prayed that the Opposite Parties be directed to pay Rs. 47,04,822/-(Rupees forty seven lakh four thousand eight hundred twenty two)only towards compensation and Rs.50,000/-(Rupees fifty thousand)only towards litigation expenses.

2)         The case of the Opposite Party No.1(one) and No.2(two) is that the Opposite Party No.1(one) and No.2(two) has jointly filed its version and submitted that the Opposite Party has issued Standard Fire and Special Perils Policy No. 0000000006821122 covering M/s Jayshree Jeemata Paddy Processor for the period 24-05-2017 to 23-05-2018 subject to certain terms, conditions and exclusions mentioned in the policy wordings. The Complainant intimated to the Opposite Party on 01-05-2018 for damage occurred on 30-04-2018, and for the same IRDAI licensed  Surveyor Proclaim Insurance Surveyor was appointed for conducting the survey and final survey report was submitted on 13-12-2018. The Opposite Parties further submitted that the policy was issued in the name of M/s Jayashree Jeemata Paddy Processor whereas the actual owner of the said risk was M/s Maa Sakambari Rice Mills. The insured failed to intimate the Opposite Parties regarding the transfer of ownership of the unit and hence the claim of the Complainant was denied vide letter dt. 24-08-2018. There is no deficiency in service on the part of the Opposite Parties, the case to be dismissed against the Opposite Parties.

3)         Perused the documents filed by the Parties as well as oral submission, and accordingly following issues are framed:-    

Issues

1. Whether the Opposite Parties are deficient in their service ?
2. What relief the Complainant is entitled for ?        

Issue No.1(one)

4)         The Opposite Parties has submitted that during the valid period of insurance policy the policy was issued in the name of M/s Jayshree Jeemata Paddy Processor whereas the actual side risk was M/s Maa Sakambari Rice Mills. The Complainant has filed letter of endorsement bearing Policy No. 0000000006821122, insured name is Maa Shakambari Rice Mill period of insurance being 24-05-2017 to 23-05-2018, hence the policy as mentioned in the complaint is hereby accepted.

5)         During the validity period of insurance due to storm and rain on dt. 30-04-2018 damage occurred when the policy is admitted, it is the duty of Opposite Parties to settle the claim. The Opposite Parties did not settle the claim which amounts to deficiency in service on the part of the Opposite Parties.

            The Opposite Parties have filed the Surveyor report where the net assessed loss amounts to Rs. 12,04,664/-(Rupees twelve lakh four thousand six hundred sixty four)only. Non-settlement of claim during the validity period of insurance amounts to deficiency in service on the part of the Opposite Parties, for which the Complainant got harassed.

            The issue is answered accordingly.

Issue No.2(two)

6)         As discussed supra the issue is answered accordingly.

                                                            O  R  D  E  R

7)         The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally directed to pay Rs. 12,04,664/-(Rupees twelve lakh four thousand six hundred sixty four)only  along with @ 9%(nine percent) interest per annum from the date 13-12-2018 till date of this Order, Rs. 50,000/-(Rupees fifty thousand)only for deficiency in service and Rs.10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant within 30(thirty) days of this order, failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.

8)         Accordingly the order is pronounced in the open Commission to-day i.e.  Dt.22/04/2024 and the case is allowed against the Opposite Parties and disposed off.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.

                                    I agree,                                                ( Smt. Anju Agrawal)

                                                                                                     M e m b e r(w).

                       (Smt. Jigeesha Mishra)

                              P r e s i d e n t.