PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.22 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Jugal Kishor Das,

S/O- NarsinghCharan Das, Prop/M/S MaaVaisnodevi Service Station,

At-N.H.-6, Baribandh, PS-Sadar

Dist- Sambalpur,                                                                 ……….......Complainant.

Vrs.

1. SBI General Insurance Ltd. Sambalpur.
2.  

Po-Budharaja, Sambalpur-768004.

2. SBI General Insurance Ltd.

Having its Corporate office is at 9^th floor, A & B Wing,

Fulcrum Building Sahar Road, Andheri East,

Counsels:-

1. For the Complainant        :- Sri. H.C.Dani Associates
2. For the O.P.s                       :- Sri. B.K.Purohit

Date of Filing:19.01.2024,  Date of Hearing :18.06.2024,  Date of Judgement :30.07.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is running M/S Maa Vaishnodevi service station petrol pump under Hindustan Petroleum Corporation Ltd., Sambalpur and insured the service station with O.Ps for the period 21.07.2023 to 20.07.2024.

On 30/31 July 2023 midnight five persons covering faces committed dacoity with deadly weapons and on gun point forcibly Rs. 1.37 lakhs took away from the counter. F.I.R. was lodged. The O.Ps deputed a surveyor. The Surveyor made illicit bargain to settle the matter and when Complainant not turned up delayed the settlement. The O.P. ultimately repudiated the claim saying that “the Complainant had not kept the money in iron chest.”. Being aggrieved complaint was filed.

2. The O.Ps in reply submitted that the policy has been issued in favour of M/S Maa Vaishnodevi service station and the Complainant has to prove his relationship with insured. For commercial purpose the business is running and the financier has not been made a party. The Complainant purchased a Sookshma Business Package Insurance Policy No. 0000000034431836 for the fuel station for the period 21.07.2023 to 20.07.2024. Complainant informed the robbery to the O.P. committed on 31.07.2023 vide claim No. 1828550. Mc Larens Surveyors and loss Assessors India Pvt. Ltd. assessed the loss and submitted final report on 09.08.2023. Statement of employee of Complainant was collected. As per policy terms and conditions money kept in strong room/safe was insured under the policy and risk of money taken out of safe. During business hours was insured. The money was kept in wooden drawyer where there was no extra safety features. The money was not taken out of safe in order to deposit the same in Bank. The claim was repudiated vide letter dated 10.08.2023, which was intimated on 03.08.2023. The repudiation of claim is proper and there is no deficiency in service of the O.Ps.
3. Perused the documents filed by the parties. The Complainant filed following documents:

1. Copy of policy No. 0000000034431836 dated 31.07.2023.
2. Copy of F.I.R. No. 0203 dated 31.07.2023 Sadar Police Station, Sambalpur.
3. Observation of Surveyor dated 05.08.2023.
4. Claim No. 1828550 mail dated 16.08.2023.
5. Mail dated 11.08.2023.
6. Mail dated 09.08.2023.

The O.Ps have not filed any documents.

4. After perusal of the pleading of the parties and documents, the following issues are framed:-

ISSUES

1. Whether the insurance is not covered to money in transaction and it only covers money kept in the safe only?
2. Whether repudiation of the policy is proper?
3. What relief the Complainant is entitled to get?

Issue No.1 Whether the insurance is not covered to money in transaction and it only covers money kept in the safe only?

It is the admission of both the parties that the complainant purchased a Sookshman business package insurance policy No. 0000000034431836 for the period 21.07.2023 to 20.07.2024 Robbery was committed on 31.07.2023 and the Complainant registered claim No. 1828550 F.I.R. was lodged before the sadar police station, Sambalpur vide F.I.R No. 0203 dated 31.07.2023 u/s 395 IPC read with sec. 25 & 27 of Arms Act, 1959. The Surveyor and loss assessor on 05.08.2023 made investigation and categorically mentioned that the Complainant is the proprietor of M/S Maa Vaishnodevi service station, Sambalpur.

In the investigation report the loss assessor mentioned that petrol pump is operated round ‘0’ clock basis. The miscreants had taken the cash from wooden drawayer. The miscreants threatened Harikrushna Pradhan under the influence of deadly weapon, taken money and ran away. Loss is assessed to Rs. 1,36,998/-.

The O.P. in reply submitted that the insurance has been made on following particulars:

1. Money in safe/Strong room      Rs. 5,00,000.00
2. Loos or damage to insured’s Safe                          0.00
3. Money out of safe during business hour only        0.00

As per terms and conditions of the policy agreement the loss of Rs. 1,36,998 caused to the money which was in wooden drawyer and not from the safe. Admittedly, the Complainant stated that amount was taken by five persons with covered face, committed dacoity with deadly weapons and gun point took forcibly from the counter. The money in counter is not covered under the policy conditions. Accordingly, the issue is answered in favour of the O.P.

Issue No.2 & 3:- Whether repudiation of the policy is proper?

                                                &

What relief the Complainant is entitled to get?

From Supra discussion it is clear that as the lost money was not kept in safe custody the O.P. has rightly repudiated the claim.

Accordingly, there is no any deficiency in service on the part of O.P. Rather for the negligence of Complainant the amount was not taken to safe custody.

Taking into consideration the circumstances of the complaint following order is passed:

ORDER

The complaint is dismissed on contest against the O.Ps. No cost.

Order pronounced in the open court on 30^th day of July, 2024.

Supply free copies to the parties.