THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO.271/ 2021
M/s Shoukeen Industries, Represented through its
Promoter, Sri Saroj Kumar Patro, aged about 47 year,
S/o Sri P.Subarao Patro, Regd. Office at Plot No.B-33/2, B-33/1,
Near Infocity Square, Chandaka Industrial Estate,
Patia, Bhubaneswar, Khurda, Pin – 751024
…. Complainant
-Vrs.-
1. United India Insurance Co.Ltd.
Regd. & Head Office, 24 Whites Road,
Chennai, PIN – 600014, Tamilnadu
2. Chief Regional Manager,
United India Insurance Co.Ltd.
IDCO Towers, Janapath, Bhubaneswar
Dist: Khurda, Pin – 751007, Odisha
…. Opp. Parties
For the complainant : Dr. M.P.Sahoo & Associates (Adv.)
For the O.Ps. : Exparte
DATE OF FILING : 26/11/2021
DATE OF ORDER : 18/01/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he was running an Industry in the name and style M/s Shoukeen Industries at Chandaka Industrial Estate, Patia, Bhubaneswar in the district Khurda. He had insured the building of his industry for Rs. 2,00,00,000/- ( rupees two cores) and stock of his industry Rs.3,90,00,000/- (Rupees three cores ninety lakhs) only with the OP.1. It so happened on 3/5/2019 there was severe cyclone (Funny) in Bhubaneswar, as a result of which, the building as well as the stock of the industry were badly damaged. He lodged claim before the OP.1 who assessed the loss at first instance at Rs.19,59,801.00. Subsequent thereto on production of other required documents, they assessed the loss to the extent of Rs.37,00,455.00/- and finally on the basis of the documents produced before the insurance company and on the basis of field inspection, they assessed the loss to the tune of Rs.42,90,880.42, out of which, they deducted 5% and net assessment of the loss amount was Rs.40,76,336.39. However, it is claimed by the complainant that, the OP.1 paid only Rs.37,00,000/- to him. But his claim for the loss sustained due to cyclone was of Rs.96,29,420/-. The complainant then moved the Ombudsman of the Insurance Company, who did not entertain his case as the claim amount exceeds its pecuniary jurisdiction. Then the complainant filed this complaint before this Commission.
3. On the other hand, the OPs did not appear in the case, as such they were set exparte and exparte hearing is taken up on 26/12/2022.
4 Perused the materials on record. The Insurance Company assessed the loss on the basis of field verification and the documents submitted by the complainant. In the course of correspondences between the parties, the Insurance Company has sought for clarification in the following respects from the complainant. Firstly, description given in the estimate, was not matching with the invoice. Secondly, the difference between the closing stock as on the date of incident through purchase & sales register from 01/04/2018, the opening stock works out to be Rs.2,34,35,195.18/- . As it appears the clarification sought for by the Insurance Company was not met by the complainant. On the other hand, the complainant heavily relied upon the estimate done by his Chattered Accountant. The estimate done by the Chattered Accountant does not inspire confidence in us. We feel that the estimate of loss assessed by the Insurance company appears to be more reasonable. However, although the Insurance Company has finally assessed the loss at Rs.40,76,336/- but they have paid only Rs.37,00,000/- to the complainant. Under such situation, the complainant has the grievance and as such, the consumer complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OPs. The OPs are jointly & severally liable to pay Rs. 3,76,336/- (Rupees three lakhs seventy-six thousand three hundred thirty-six) only to the complainant for the loss sustained by him. The OPs are further liable jointly & severally to pay a sum of Rs.50,000/- (Rupees fifty thousand) only towards compensation for mental agony suffered by the complainant and a further sum of Rs.5000 /- (Rupees five thousand) only towards litigation expenses. The order be complied with by the OPs within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 18th January, 2023 under the seal & signature of the President and Member of this Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
