A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD

CC.88/2012

Between :

M/s. Sona Poultry Farm, a Proprietorship firm

Rep by its Proprietor

Mr. Mohammed suneer,

S/o Dr. Md. Ghouse, age : 51 yrs,

R/o d. No. 40-808-H6A, Srinivasa Nagar,

Kurnool                                                          

And

1.   Canara Bank

Park road,Kurnool Branch,

Kurnool,Rep. by its Manager

2.   United India Insurance Company Ltd

Having its Divisional office at

40/304, Mourya Inn Complex

Bhagyanagar, 

Rep. by its Manager                                   

Counsel for the complainant

Counsel for the opposite parties :            

CC.89/2012

Between :

M/s. Sona Poultry Farm, a Proprietorship firm

Rep by its Proprietor

Mr. Mohammed suneer,

S/o Dr. Md. Ghouse, age : 51 yrs,

R/o d. No. 40-808-H6A, Srinivasa Nagar,

Kurnool                                                          

And

1.   Canara Bank

Park road,Kurnool Branch,

Kurnool,Rep. by its Manager

2.   United India Insurance Company Ltd

Having its Divisional office at

40/304, Mourya Inn Complex

Bhagyanagar, Kurnool – 518 001

Rep. by its Manager                                   

Counsel for the complainant

Counsel for the opposite parties :            

CC.90/2012

Between :

M/s. Sona Agencies, a partnership firm

Rep by its Partner,

Mr. Mohammed suneer,

S/o Dr. Md. Ghouse, age : 51 yrs,

R/o d. No. 40-808-H6A, Srinivasa Nagar,

Kurnool                                                          

And

1.   Canara Bank

Park road,

Kurnool Branch,

Kurnool,

Rep. by its Manager

2.   United India Insurance Company Ltd

Having its Divisional office at

40/304, Mourya Inn Complex

Bhagyanagar

Kurnool – 518 001

Rep. by its Manager                                   

Counsel for the complainant

Counsel for the opposite parties :            

Coram                                  

And

Wednesday, the Third Day of July

Two Thousand Thirteen

****

2.           The brief facts of the complaint in  st    st nd

3.         ndnd A copy of the insurance company would be made available to OP. 1 as well as the complainant. There were flash floods in the year 2009 in which most of the places in Kurnool and nearby villages were washed away.  stnd  

(4).     ndstst  stopposite party finding fault with the bank  

6.             

7.    

(ii) 

(iii)

8.     

OP.1 contended that since the matter is pending before the Debt Recovery Tribunal, Hyderabad, this Commission has no jurisdiction to entertain the complaint and cited a decision reported in 1996 (1) CPR 128 between M/s. Deep Piston private Limited Vs SBI and others, wherein it was held that when the matter is pending before the Civil court the Consumer Commission should not entertain the petitions in respect of the identical subject matter.  Ex. A7 certified copy of order in IA 1012/2012 in SA No. 367/2012 of the Debt Recovery Tribunal, Hyderabad, discloses that OP. 1 bank filed the said proceedings in SA no. 367/2012 for recovery of  

09.      

There is no dispute that the complainant was dealing with Poultry business at Kurnool under the name and style M/s. Sona Poultry Farm represented by its Proprietor Mohd. Summer and that he availed Rs.30 lakhs loan from the OP.1  ND   nd ndnd  

In a decision reported in“Oriental Insurance Co. Ltd. and Anr. Vs. P.R. Automobiles & Oils and Anr, [1 (2010) CPJ 83 (NC)],“the Hon’ble“assuming that the letter dated 30.10.1998 was sent by the complainant and was received by the Insurance Company before the date of peril, it is an admitted position that the Insurance Company had not made any endorsement in the policy document in regard to the change of address before the date of peril”.       ”

10.Before the date of the said flash floods neither the complainant nor the OP.1 made correspondence with the OP.2     orders, the said Tribunal observed that the complainant herein has established a prima facie for his genuine claim of compensation which has been rejected by the insurance company but the said opinion is not binding on this Commission and is in no way helpful for the complainant in view of the said decision.None of the parties to proceedings submitted proposal form duly signed by the complainant. But when in the policy Door No. 354-62, Park road, Kurnool is mentioned it has to be inferred that the same address was given in the proposal form as the premises for coverage of the risk. The complainant did not mention in the complaint that he furnished the premises as bearing No.ndOP. 1    In such circumstances, even if 

11.      

In view of finding of point no. 2 against the complainant he is not entitled for any claim amount(s), from Ops 1 and 2. Thus point No. 3 is also decided against the complainant. Consequently, the complaint is liable to be dismissed.

12.          13.      , Open cash credit of Rs. 10 lakhs was sanctioned in favour of the complainant by OP. 1 in the year 1986 and the same was enhanced to Rs.70 lakhs   1100/11/08/11/00001052 for Rs. 5 lakhs, Rs.21,68,000/-, Rs.11 lakhs and Rs.10 lakhs respectively totaling to Rs.47,68,000/- were obtained.The Surveyor assessed the loss at Rs.98,86,956/-

14.      

15. 

CC No. 89/2012

M/s. Sona Poultry Farm and another (Complainant)

And

Canara Bank and another (Opposite parties)

Chief affidavit of Complaint filed and Ex. A1 to A6.

List of Documents filed and Ex. B-1 to B-4 marked.

APPENDIX OF EVIDENCE

EXHIBITS MARKED

For the complainants

Ex. A1      

Ex. A2      

Ex. A3      

Ex. A4      

Ex. A5      

Ex. A6      

Opposite parties:-    

Ex. B1      

Ex.B2       

Ex.B3       

Ex.B4       

CC No. 90/2012

M/s. Sona Poultry Farm and another (Complainant)

And

Canara Bank and another (Opposite parties)

Chief affidavit of Complaint filed and Ex. A1 to A17.

List of Documents filed and Ex. B-1 to B-8 marked.

APPENDIX OF EVIDENCE

EXHIBITS MARKED

For the complainants

Ex. A1      

Ex. A2      

Ex. A3      

Ex. A4      

Ex. A5      

Ex. A6      

Ex.A7               

Ex.A8               

Ex.A9               

Ex.A10      

Ex.A11      

Ex.A12      

Ex.A13      

Ex.A14      

Ex.A15      India

Ex.A16      

Ex.A17      Nagpur.

Opposite parties:-    

Ex. B1      

Ex.B2       

Ex.B3       

Ex.B4       

Ex. B5      

Ex. B6      

Ex.B7       

Ex.B8