CC/99/2005
The case being no.99/2005 was filed u/s 12 of the C.P. act, 1986 by G.S. Fertilisers Pvt. Ltd., Poddar Point, No.113, Park Street, Block-A, 1st Floor, P.S. Park Street, Kolkata-16 against the o.ps. viz (1) Bajaj Alliance General Insurance Co. Ltd., G.E. Plaza, Airport Road, Yerawada, Pune-411006 and No.10/B, O,.C. Ganguly Sarani, P.S. Bhowanipore, Kolkata-20 and (2) Riviere Survey and Services Pvt. Ltd., No.102F, Block-F, New Alipore, Kolkata-53 before the forum praying for various relief as specified at page 10 of the complaint.
The brief facts are as follows.
That the complainant is a manufacturer and distributor of various grades of NPK fertilizers and other agricultural inputs. It has its factory at Orgram, Dist. Burdwan, W.B. That the complainant took a standard Fire and Special Perils Policy of Insurance with the o.p. no.1. The policy being no.OG-04-2402-4001-00001378 and the policy sum insured was Rs.46180000/- premium paid Rs.112219/- the policy period covered four 12.11.03 to 11.11.04. that on 6.10.04 due to heavy incessant rain accompanied by thunder storm in Orgram the petitioner’s asbestos sheds of the factory shed roof suffered severe damage and thereby part of the stock of raw materials started inside. The factory shed also got completely damaged. On 8.10.04 petitioner reported the matter to the o,.p. no.1 Accordingly the o.p. no.2 conducted the survey and inspected factory to ascertain the damager caused by rainfall. Report furnished by the o.p. nop.2 marked at page 18.
It noted 6 nos. of asbestos sheds damaged and stated that huge stocks of different nature of raw materials contained in 3952 nos of bags in aggregate got damaged owing to entry of wetter which floated the godown. On the basis of correspondences between the o.p. no.2 and the petitioner, the complainant filed claim form duly filled up making claim fulfill, Rs.11,51,05/- awards loss and damages caused to the stock of materials and the factory shed. On 3.1.05 the o.p. rejected the claim of the complainant alleging that the claim was not covered by and fell outside the scope of the policy oif insurance, annex-page 58. The weather report of Regional Meteorological Centre , Alipore confirmed the rain with thunder storm on that date, annex-page 64. Thereafter the petitioner made several correspondences with the o.ps. to get the matter settled but the o.ps. stuck to their earlier decision. Hence the case is before the forum. The petitioner relied upon the documents mentioned at pages 11 to 65 in support of his defence. The o.p. no.1 has appeared at the time of hearing. No w/v has been filed by the o.ps. The o.ps made their oral submission and stuck to the earlier decision as assured by the company which was communicated to the petitioner through its letter dt.3.1.05.
Fact reveals that the petitioner was a policy holder. Due to thunder storm the petitioner incurred loss and that was corroborated by the surveyor’s report appointed by the o.ps. Regional weather report confirmed thunder storm on that fateful day when the factory roof shed of the petitioner damaged and rainfall caused damage to the raw materials contained in the bags. That petitioner submitted claim form for making claim of Rs.11,51,004/-. That was repudiated by the o.ps. on the ground that “the cause of loss as mentioned by you (complainant) is not covered under rawved perils of Fire Policy”.
There is no specific denial against the allegation as alleged by the petitioner. The charged as specified by the complainant remained unconverted and unconfutal. It appeared that the standard fire and special policy charge no.6 and general exclusion policy clause are not very clear in coming to conclusion that the damage caused due to thunder storm and flood are not recoverable under the provision of the policy condition.
The forum have considered all the facts, records and the submissions made by the parties and have come to conclusion that the complainant suffered due to inaction and deficiency in service on the part of the o.ps. in settling the claim of the petitioner. The petitioner has been able to prove its case to the hilt so as to get the benefit within the ambit of the C.P. Act, 1986.
The case succeeds on contest.
Hence,
Ordered,
The o.ps. are directed to pay the claim amount of the policy holder a sum of Rs.11,51,004/- (Rupees eleven lakhs fifty one thousand four) only and are also directed to pay a sum of Rs.4000/- (Rupees four thousand) and Rs.1000/- (Rupees one thousand) respectively only as compensation and litigation cost for causing needless mental agony, harassment to the policy holder through its negligence, inaction and deficiency. The payment should be made within 60 days from the date of this order, failing which it will carry interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
Sd/- Sd/-
Sri L. K. Banerjee, Member Sri A. K. Das, President
