Orissa

Balangir

CC/49/2020

Saroj Kumar Merli, aged about 25 years, S/O- Sisu Ananta Merli - Complainant(s)

Versus

1. United India Insurance Company Limited. - Opp.Party(s)

A.K. Mishra and Others

27 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR
ODISHA
 
Complaint Case No. CC/49/2020
( Date of Filing : 17 Dec 2020 )
 
1. Saroj Kumar Merli, aged about 25 years, S/O- Sisu Ananta Merli
At:- Brahmini Dungri Po:- G.S. Dungripali
Bolangir
Odisha
...........Complainant(s)
Versus
1. 1. United India Insurance Company Limited.
At:- Near Chadrasani Mandir, Barpalipada Po/Ps:- Bolangir
Bolangir
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Rabindra Kumar Tripathy PRESIDING MEMBER
 HON'BLE MRS. Smt Jyotshna Rani Mishra MEMBER
 
PRESENT:
 
Dated : 27 Mar 2024
Final Order / Judgement

Heard   both the parties. The case in precise is that the complainant a loan from the Indian Bank  , Loisingha, Branch and started a factory to produce disposable plates and bowls. From the beginning there was no insurance policy of the assets and machiney which the bank bound to done the insurance policy for the same . There is no document found except the policy dt.10.07.2019 which cover the risk period up to  09.07.2020, in the mean time the factory caught fire on dt.11/07/2019 , and the fire damaged the product amounting to Rs. 4,000,00/- immediately the complainant report the matter to the insurance company as well as the fire station , Bolangir , The fire officer attached to the fire station Bolangir went to the spot and has issued a fire incident certificate and the loss.

            When we goes to the merit of the case first of all the complainant is a businessman to earn profit made business so he is not a consumer. Nowhere in the complaint petition it is mention that he done the business for his livelihood, but  regarding to the insurance claim the complainant is entitled forgot the claim amount as per terms and conditions as because the complainant done insurance for the protection of future loss.

              The crux question in this case is the fire incident occurrence report. The complainant two fire incident report one is on dated 10.06.2019 where the incident mentioned on dt 11/07/2019 at about 19 hours and the signature of the A.F.O. reflected the date as 10.06.2019 where the incident mention as 11.07.2019 at about 19 hours and the signature of the A.F.O reflected as dt.11.08.2019 . AS such for the ambiguity of the report of A.F.O. Bolangir called for with his official document to prove the same. The A. f .O cross examined by the OPs lawyer where the A. F. O. in point of 6 of his deposition states that “ The report was received by the complainant with counter signature. This reveals that the complainant lodges no complain about the mistake of date on the fire incidental report. More over after filing this case when notice issued to the A. F. O so save his skin the A.F. O able to take an acknowledgement from the complainant that the complainant is responsible if any legal action taken in future. But the official document which the A.F.O produce before the commission clearly shows that. There was no date mention against the issue of letter no 4014to the complainant found on the record.

Again the another corrected certificate issued without any representation in written on dt.11.08.2019 the record shows there was no transaction between 14.08.2019 to 19.08.2019 nor any new letter no. mention with date which is deadly necessary after issue of any official letter. Moreover in that official document at the bottom it is clearly mention.

ଟିପ୍ପଣୀ- ପ୍ରତ୍ୟକ ଦିନ ଆରମ୍ଭ ରେ ସବା ଉପରେ ନାଲି କାଳିରେ ସୁଷ୍ପଷ୍ଠ ଅକ୍ଷରରେ ତାରିଖ ଲେଖାଯିବ

From the above facts and circumstance it is crystal clear that the fire incident report was fraudulent one. To coverage the insurance claim the complainant made a trick. As such the complainant unable to prove his case by advancing the incident by giving any of villager’s evidence in the shape of affidavit to prove his case.

          From the above discussion the complainant is unable to prove his case beyond reasonable doubt, as such the case is dismissed without cost.

 

 

 
 
[HON'BLE MR. Sri Rabindra Kumar Tripathy]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt Jyotshna Rani Mishra]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.