BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 15 of 2013
Sri Ramanan Jha , ……………………………………….………… Complainant.
-V/S-
1. Bajaj Allianz General Insuranc Co. Ltd.,
Regd. And Head Office DE Plaza, Airport Road,
Yerwada, Pune- 411006, Maharastra O.P No.1.
2. Bajaj Allianz General Insuranc Co. Ltd.,
Policy Servicing Office N.H. Centre Point,
Opposite Bora Service Station, G.S Road, Ulubari, Guwahati-21 O.P No.2.
3. Assam Gramin Vikash Bank,
Regional Office- Ambikapatty, Silchar,
P.S- Silchar, Dist Cachar, Assam. O.P No.3.
4. Branch Manager, Assam Gramin Vikash Bank
Irongmara Branch, P.O- Irongmara, P.S- Silchar, Dist. Cachar, Assam O.P No.4.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri A. Biswas Advocate for the Complainants.
Sri Shubrendu Sekhar Dutta, Advocate for the O.P. No.1 and 2.
Sri Sibdas Dutta for O.P.No.3 & 4
Date of Evidence……………………….. 30-09-2013, 20-11-2013, 20-01-2014
Date of written argument……………… 13-10-2015, 02-01-2016, 15-03-2017
Date of judgment………………………. 06-12-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- This case has been brought by Sri Ramanand Jha, the Proprietor of Rameshwar Bricks Industry of Fakirtilla, Cachar against Bajaj Allianz General Insurance Co. and its officer and also against Assam Gramin Vikash Bank, Irongmara Branch and its officer for award of compensation because the Insurer repudiated his claim for loss suffered due to sudden damage of fixed chimney of his brick Industry Unit.
- Brief facts:-
The Complainant started his above bricks Industry with financial assistance of Assam Gramin Vikash Bank, Irongmara Branch. The fixed Chimney of the said Brick field was insured with Bajaj Allianz General Insurance Co. and obtain Insurance policy No. OG-12-2438-4001-00000173. The period of coverage of risk was from 09/05/2011 to 08/05/2012 and the sum assured was Rs.12,000,00/-. But on 21/05/2011, the fixed chimney of that Brick Industry was broken down. Accordingly, made correspondence. The Insurer investigated the case but repudiated the claim on the plea that any damage directly or indirectly by storm, cyclone typhoon, tempest, hurricane, tornado, flood and inundation are excluded from the policy in view of subject to STFI deletion claim of Insurance Policy vide the letter dated 19/07/2011 of the O.P.
- The Insurer and financer submitted their W/S separately. In the W/S Insurer stated inter alia that in the Insurance proposal expressly deleted the clause of any damage caused by storm, cyclone etc. Hence, the policy does not cover the risk because as per surveyor’s report the chimney was damaged due to cyclone. The financer also in the W/S stated inter alia that there is no cause of action against the Assam Gramin Vikash Bank because all the allegation made against the Bank are not true.
- During hearing the Complainant deposed on oath and exhibited some documents. The Insurance Company examined Sr. Sumanta Chakraborty and produce investigation report etc. The Bank also examined Sri. Arun Kumar Das, the Branch Manager of O.P. No. 4 and exhibited some documents. After closing evidence written argument submitted by the Complainant and O.Ps. However, the O.P. Insurance Company submitted Insurnace Policy and certified copy of Annexure 1, 11 and 111 of Standard Fire and Special Perils Policy and certified copy of Insurance Proposal Form. None has argued the case orally.
- In this case it is admitted fact that Bricks Industry was started on financial aid of the Assam Gramin Vikash Bank, Irongmara and Chimney of the Bricks field was Insured with Bajaj Allianz General Insurance Co. It is also a fact that the fixed chimney of that Bricks field was broken down as 21/05/2011 within the period of Insurance Policy. How the chimney was broken down is not disclosed by the Complainant but the O.P/Insurer surveyed the case and came to know from the surveyor’s report that the said chimney was broken down due to cyclone vide report of surveyor dated 06/06/2011.
- We have gone through the entire record and conclude that except the report of surveyor regarding cause of broking down the fixed chimney do not find any material fact in that aspect. So, we have concluded that the chimney of the Bricks field was broken down due to cyclone.
- Now, the OP/Insurer took plea that the Insurance policy does not cover the incidence of damaging chimney due to cyclone. In support, submitted insurance policy and proposal. As per Insurance policy, Earthquake (Fire and Shock) are add on cover and for which additional premium received Rs.1200/-. The Annexure 1 attached to Standard Fire and Special Perils Policy is the supporting document. In the proposal form in claim 7 (a) specifically answer ‘yes’ against the question-would you like to delete these perils from the basic cover such as storm, flood, tempest, inundation, cyclone group of perils.
- So, the above incidence of cyclonic damage of chimney does not cover to the Insurance policy. However, the Complainant took a plea that deletion of the above mentioned clause from Insurance coverage was not within his knowledge. But in this District Forum we are adopting summary procedure for which such a complicated question cannot be decided with the available material on record. For remedy, the Complainant may approach the competent civil court with declaratory suit subject to law of limitation.
- Anyhow, in this Case from above discussion we are of opinion that no disservice or unfair trade practice established against the O.P. Insurance Company. Consequently, no disservice is found against the Assam Gramin Vikash Bank.
- Moreover, the Complainant insured the Chimney of the Bricks field and from that Bricks filed producing material (Bricks) for commercial purpose because no specific material found on record that the said proprietary firm is used by the Complainant as his means of self-employment for livelihood. And such service to be obtained from Insurance Company is a service for Commercial purpose which is excluded from the definition of Consumer U/S 2 of the Consumer Protection Act, 1986.
- Therefore, we are reluctant to grant any relief to the Complainant. With the above, this case is disposed of on contest without cost. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 6th day of December, 2017.
