PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 185/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

M/S TATA NAGAR AUTOMOBILES

Prop. Mr. Rajendra Prasad Agrawal

At- Ainthapali Po- Budharaja

Ps-Ainthapali,Dist- Sambalpur

Tah- Sambalpur, Odisha

Pin- 768004Mob-9437050070                             ……………….......Complainant.

Vrs

1. United India Insurance Co. Ltd

Regd.  Head office-United India House, 24, 1^st Floor

Whitlas Road, Chennai, Pin- 600014

2. Divisional Manager

United India Insurance Co. Ltd

V.S.S Marg,1^st Floor,

 Gaiety Talkies Road Sambalpur

Dist.-Sambalpur, Odisha, Pin-768001                   …........Opposite Parties

Counsels:-

1. For the Complainant         :- Sri. A.K.Sahoo & Associates
2. For the O.P.s                       :- Sri. S.Mahapatra

Date of Filing:01.06.2024,  Date of Hearing :22.10.2024,  Date of Judgement :03.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is a proprietorship firm and deals machinery assets like spare part, tools, hardware etc at Ainthapali, and availed an insurance policy from the O.Ps namely standard fire and special perils policy No. 2604001120P106039398 dated 08.09.2021 insuring the stock, building, auto spare parts and electronics items at Godown, Ainthapali.

On 18.07.2021 evening between 7.00 PM to 8.30 PM. Due to heavy rain and water flow, the drain water entered into premises of the store and caused heavy damage. The O.Ps were informed. Sri. R.N. Tripathy assessed the loss and damage. The surveyor as per letter dated 19.01.2021 sought for certain documents. Claim form and documents were submitted. The Complainant estimated loss of Rs. 5,18,328/-. The surveyor took 8 months to process the claim and lower the loss to Rs. 3,62,328/-. Finding no option Complainant agreed upon such amount and signed the loss report on 05.03.2022. The O.Ps not settled the claim, sought for metrological report/Rain report/Tahsildar report etc. The Complainant submitted newspaper dated 22.07.2022 and letter dated 19.07.2021 where the matter was informed to the Tahsildar, Sambalpur. After receipt of documents also claim was not settled and rejected. The surveyor submitted his report on 05.03.2022. From 18.07.2021 to 05.03.2022 the O.Ps harassed and then rejected the claim.

2. The O.Ps after appearance also not filed the version.
3. Perused the documents filed by the Complainant:

1. Copy of Aadhar Card and PAN Card.
2. Copy of Insurance Policy.
3. Mail dated 17.07.2021 about the incident.
4. Reverse mail of O.Ps for documents dated 18.07.2021.
5. Claim form dated 18.07.2021.
6. Letter dated 17.07.2023, 19.07.2023 & 24.07.2023 of Complainant.
7. New paper clip the Navbharat dated 22.07.2021.
8. Advocate notice dated 18.03.2024.
9. Reply of O.P. to Sri. A.K. Sahoo, advocate for Complainant.
10. Claim settlement documents vide policy No. 19017600 by SBI GIC
11. Appraisal of assessment by Surveyor R.N. Tripathy dated 05.03.2022.

4. The standard fire and special perils policy No. 2604001120P106039398 is valid for the period 09.09.2020 to 08.09.2021. Vide letter dated 19.07.2021 the surveyor R.N. Tripathy sought for certain documents. The claim was submitted in proper form on 31.07.2021. The documents sought for was supplied on 17.05.2022. As the surveyor sought for rainfall report letter given to Tahsildar, Sadar Sambalpur dated 22.07.2021 was supplied to the surveyor. From News paper clip dated 22.07.2021 it reveals that due to heavy rain, drain water entered to godowns. Advocate for Complainant issued legal notice dated 18.03.2024 and in reply  O.Ps issued letter No. 472 dated 19.03.2024 along with letter No. 812 dated 31.03.2023. From letter dated 31.03.2023 it reveals that the claim has been closed. The O.Ps failed to prove that letter dated 31.03.2023 has been delivered to the Complainant.
5. The claim in proper form was made by Complainant on 31.07.2021 and the O.Ps vide letter dated 472 dated 19.03.2024 informed about dispatch of letter dated 31.03.2023. Here question arises why the O.Ps took such a long time from 31.07.2021 to 31.03.2023 for closure of the claim. After going through the appraisal of assessment and documents the following observations are made:

1. The documents have been supplied by Complainant since 17.05.2022 but Surveyor caused unnecessary delay in submission of survey report.
2. Letter No. 812 dated 31.03.2023 has not been delivered to Complainant. The said letter is after thought to save the skin.
3. The gross loss assessed is Rs. 3,62,577/- by the surveyor and without any reason closed the claim.
4. The rain fall report submission is not only the duty of Complainant but it is also duty of O.Ps to ascertain the fact from proper authority.
5. The newspaper clip is the concrete proof of rain fall in a particular locality.
6. The claim for another godown is settled by the SBI GIC Ltd.

From the Supra discussion it is clear that the  O.Ps are deficient in service and liable for compensation.

Accordingly, following order is passed.

ORDER

The O.Ps are directed to pay the assessed loss amount of Rs. 3,62,577/- with 7 % interest P.A. w.e.f. 22.07.2022 within one month of this order. In case of non-payment the amount will carry 12% interest P.A. till realization. The O.Ps are liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 20,000/- to the Complainant.

Order pronounced in the open court on 3^rd day of Dec. 2024.

Supplied free copies to the parties.