Orissa

Jajapur

CC/2/2018

Sri Brajakishore Sahoo - Complainant(s)

Versus

B..M,Universial Sompo General Insurance Co. Ltd - Opp.Party(s)

Ld.Adv

20 Jun 2018

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 20th day of  June,2018.

                                                      C.C.Case No.02 of 2018

Sri Braja kishore Sahoo    , S/O  Late Dhani Sahoo

Vill/ P.O. Barundei  , P.S. Korei   

Dist.- Jajpur .                                                                            …… ……....Complainant .                                                                                                     

                                                  (Versus)

1. B. M,Universal Sampoo General Insurance Co.Ltd, Kailash plaza,

    2^nd floor, Link Road,  Cuttack  

2. B. M, Allahabad Bank, Jajpur Road, At/P.O.Jajpur Road

 Dist.Jajpur  .

                                                                                                                              ……………..Opp.Parties.                 

                                                                                                                      

For the Complainant:                                    Self ,

For the Opp.Parties : No.1                            Sri P.Kanoongo, Advocate.

For the Opp.parties : No.2                            Sri J.P.Pati,Advocate.

                                                                                                     Date of order:   20 .06.2018.

SHRI  PITABAS MOHANTY, MEMBER  .

Deficiency in insurance service is the grievance of the petitioner.

            The fact relevant as per complaint petition is that the petitioner availed  a loan of Rs.3,10,000/- from O.P.no.2 for business purpose to maintain  himself and his family . After availing of  such loan the petitioner opened a grocery shop  in the village Pulakpatna and for the security of the shop insured it  before o.p.no.1 from 23 Oct 2008 . In subsistence of the policy on 23 Oct 2011 the said grocery shop was totally destroyed  due to over flow in the flood water of Baitarani river .At the time of  incident  the total stock of  his shop was a sum of Rs 10,00,000/-  After  that the petitioner informed the O.Ps ,but the authority of the O.Ps  inquired in to the matter of the spot and handed over the inquiry  report to the petitioner .

But till today the o.ps neither  settled  the claim nor informed anything about insurance settlement to the petitioner . It is also a fact that the petitioner also repaid the loan amount along with interest to the O.P.no.1 . The petitioner also contacted various authority of the ops for settlement of the insurance claim .Accordingly finding no other alternative the petitioner knocked the door of this fora with the prayer  that , this fora may direct  to the O.Ps  to settle the insurance claim  and pay compensation of Rs.2,00,000/-  for mental agony and harassment.

            After notice though the O.Ps  entered into appearance through their learned  advocate  but they did not choose  to file written version or objection against the prayer of the petitioner .Hence they have been set exparte  dt.23.05.18.

            On the date of hearing we heard the argument for the learned adv  for  the petitioner .

After perusal of the record and documents in details we are inclined to hold that,  it is undisputed fact that  the petitioner availed a loan from o.p.no.2  for purpose of grocery shop and the said grocery shop was insured by o.p.no.1 .

            As per documents filed by the petitioner,  it is a fact that the o.pno. 2 wrote a letter to o.p.no.1 on 8.12.2016 mentioning that “ during the month of October -2011  there  was a devastating flood  in  Orissa and it was badly affected  many  parts   of Orissa       due to heavy flood.   The petitioner shop was completely affected in which house was destroyed  as well as  stock of   Rs. 6 lakhs damaged .

The petitioner  claimed  that after investigation of spot neither the  O.P.no.1  settled the claim nor anybody   informed  about  settlement of  the insurance claim .  On the other hand the O.Ps have  appeared in the present  dispute but they did not choose  to contest the dispute by  filing   any written  version / objection    in the specific time fixed by this fora for which we are constrained to accept  the uncontroverted statement mentioned  in the                   complaint petition  against the O.ps  as per  observation of Hon’ble

Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Hence this order

            The dispute is allowed against the o.p.no.1 .The O.P.no1 is directed to settle the insurance claim of  the petitioner within one month after receipt of this order , failing which the settlement amount  will carry 9% interest from the date of fling of the present  dispute till its realization . We also awarded  Rs. 5,000/- thousand towards  cost and compensation which need to be  paid by O.P.no.1 to the petitioner  within the  stipulated period , failing which the petitioner can take steps   as per provision of C.P.Act .

                        This order is pronounced in the open Forum on this the 20th  day of  June,2018. under my hand and seal of the Forum.