Tripura

West Tripura

CC/6/2015

Mr. Ajit debbarma. - Complainant(s)

Versus

Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

Mr.R.G.Chakraborty, Mr.A.Das.

01 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

    CASE NO:  CC-  06 of 2015

        Ajit Debbarma,
         S/O- Lt. Narendra Debbarma,
         P.O. & Vill- Mandwi,
         P.S. Mandwi, West Triura,
         Pin- 799045.                    …........Complainant.
    
             ______VERSUS______

         Bajaj Allianz General Insurance Company Ltd.,
         2 B, 2nd Floor, Centre Point, G.S. Road,
         Ulubari, (opposite Bora Service Station),
         Guwahati- 781007.                .........Opposite Party.
            

                    __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri Rana Gopal Chakraborty and
                      Sri Ashim Das,
                       Advocates.
    
For the Opposite Parties        : Sri Utpal Das and 
                       Sri Karnajit De,
                      Advocates.    
          
                               
JUDGMENT  DELIVERED  ON:  01.02.16

J U D G M E N T

        This case was filed by one Ajit Debbarma U/S 12 of the consumer Protection Act, alleging about deficiency of service by Bajaj Allianz General Insurance Co. Ltd., O.P. It is alleged that he purchased policy covering the risk of Standard Fire and Special Perils Policy from Bajaj Allianz General Insurance Co. Ltd. covering  the risk from 11.12.13 to 10.12.14. The insured amount was Rs.20 lakhs. On 28.03.14 at 2300 hours shop of the complainant at Mandwi Bazaar was gutted by incident  of fire. He suffered huge loss. Informed the matter to Fire Service. Also to the Insurance Company. Surveyor was appointed to assess the damage. Report submitted. But Insurance company refused to pay compensation. Therefore, he filed the case for getting compensation amounting to Rs.20 lakhs.

        The O.P., Bajaj Allianz General Insurance Co. Ltd. filed W/S, denying the claim. It is stated that the petitioner filed some fake documents and on subsequent survey it was found that the cash memo issued and shown by the petitioner was fake. Therefore, the petitioner violated the terms and conditions No.8. He showed false declaration in support of fraudulent documents and accordingly claim was not considered. 
        On the basis of rival contention as raised by the parties following points cropped up for determination.
        i) Whether the claim of the petitioner is based on fraud documents and thereby he violated the terms and condition of the policy?
        ii) Whether the petitioner is entitled to get the insured amount and also amount for deficiency of service?

        Petitioner side produced the statement on affidavit of Ajit Debbarma. Also produced Insurance Policy Certificate, Report of Mandai Police Station, Report of Divisional Fire Officer, Legal Demand notice, Receipt of India Post which are exhibited and marked as Exhibit-1 Series.

        O.P. on the other hand, examined one Sibaji Thakur, Executive Legal Officer of Bajaj Allianz General Insurance Co. Ltd. Also produced the Standard Fire and Special Perils Policy, Letters, Final Survey Report of Pranay Goswami, Report of Sanjay Deb Roy, Assessor, Cash Memo(3 nos.) which are exhibited and marked as Exhibit- A Series. 

        On the basis of all these evidence on record we shall now determine the above points.
FINDINGS  &  DECISION:
        The fact of fire incident in the shop of Ajit Debbarma is admitted and established fact. O.P. Bajaz Alliance Insurance Company appointed Pranay Goswami, Assessor and surveyor. The Police report in this case also supports the fact of damage of shop by the fire incident. As per the surveyor report of Pranay Goswami, type of loss was total loss. In his report he has stated that incident of fire occurred in the night of 28.03.14. The insured was occupying building since 2002. Fire service report also supports the fact of the fire incident. In the year 2013-14 closing stock was 12,40,762/-. Average sale per day 14,396/-. He deducted 5% dead stock and on calculation of the damage he recommended the Insurance company to pay Rs.9,55,994/-. But Insurance Company did not pay the amount, appointed one Surveyor, Sumanta Chakraborty, another assessor. That Sumanta Chakraborty reported that some of the cash memo shown by Ajit Debbarma were fake, some were genuine. As some fake documents produced so claim was repudiated. Why those cash memo were considered fake by surveyor was not clearly stated. Sumanta Chakraborty, Assessor or Pranay Goswami another assessor did not appear before the court to clarify their assessment. Sibaji Thakur, Executive Legal Officer, stated on the report of the second surveyor that the documents were fake it was decided that  the petitioner Ajit Debbarma violated the terms and conditions no.8 of the policy. Without any confirmation of the second survey report the company came to the conclusion that the petitioner made false declaration, used fraudulent devices for getting benefit and therefore policy was forfeited. This is totally illegal practice and can not be appreciated. Violation of terms and conditions No.8 is not proved at all by the O.P. From the documents submitted it is found that the petitioner's business was audited by Basu Thakur and Company, Chartered Accountants and Firm on 18.05.14. From the photocopies of those balance sheets documents of the financial period 1st April, 2013 to 28th March, 2014 total assets was Rs.11,5,840/-. Total asset value shown Rs.19,23,953/-. Admittedly coverage was for 20 lakhs as per policy. The shop was totally damaged. Petitioner, Ajit Debbarma in the statement of affidavit stated that surveyor submitted the report for loss and such report is given to the O.P. Insurance company. From the scrutiny of the policy certificate and first report of the assessor we are of considered view that first report should have been accepted by the O.P. The verification report of the cash memo by Sanjay Deb, surveyor was not in proper. He based on the hearsay evidence and without affirming by the person who issued the cash memo. He stated in his report that cash memo were fake. No chance was given to the petitioner for hearing on this matter. So, his report can not be considered at all. 

        Therefore, on consideration of all facts, evidence as produced before us we consider that the damage were due to fire incident and the quantum of damage of the shop of the petitioner is 12 lakhs. As per terms and condition of the policy 5% of each and every claim is to be deducted. In each and every loss arising out of God Perils the cause of this fire incident might be short circuit or other cause not known clearly. So, this fact is not taken into consideration while assessing the damage. In addition to 12 lakhs petitioner is entitled to get 25,000/- for the deficiency of service by the O.P. Insurance company who did not accept the surveyor report at first without any sufficient cause. We also award 5,000/- as cost of litigation to the petitioner.

        Thus in total we award total amount of Rs.12,30,000/- to the petitioner for damage of the shop and also for deficiency of service and cost of litigation. 
        We therefore, direct the O.P. Bajaz Alliance General Insurance Co. Ltd. to pay the amount of Rs.12,30,000/- (Rupees twelve lakhs thirty thousand) to the petitioner. The amount will carry interest from  the date of filing the application, 07.01.15  @ 7% P.A. till the date of payment. If the amount is not paid within 2 months it will carry interest @ 9% P.A.. Direct the Bajaz Alliance General Insurance Company Ltd. to pay the amount immediately with interest.        
                
                Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 
SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.