Ld. Advocate(s)
For Complainant: Monalisa Barik
For OP/OPs : Senahasish Banerjee
Date of filing of the case :20.01.2020
Date of Disposal of the case : 24.03.2023
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Final Order / Judgment dtd.24.03.2023
Complainant above name filed this complaint against the aforesaid OPs U/S 12 of the Consumer Protection Act 1986 alleging deficiency in service.
He alleged in the petition of complaint that his mobile repairing shop was covered by Insurance policy issued by OP NO. 2 with effect from 19.02.2018 vide policy no. 2939/56941939/01/000, Insurance i.d 101407075355, period of insurance from 18.02.2018 to 17.02.2019. He paid insurance premium for sum assured of Rs.3,50,000.00 (Rupees Three lakh fifty thousand). Name of the policy is SHOPKEEPERS PACKAGE POLICY SCHEDULE CUM TAX INVOICE. Said insurance policy had the following coverage.
- Fire and Perils Building and / or Contents with the sum Insured/Limit of Indemnity (in Rs) Rs.170,000/-.
- Burglary and Robbery with the sum Insured/ Limit of Indemnity (in Rs) Rs.170,000/-.
- Money with the sum Insured/Limit of Indemnity (in Rs) Rs.10,000/-.
On 01.02.2019 mobile repairing shop of the complainant was burned into fire and all mobile phones which were taken from the different persons for repairing and purchased goods and accessories of that shop were burned.
After the aforesaid incident he informed to the toll free number of OP NO.2 about the incident and he gave him a claim number i.e CL18135222. On 04.02.2019 they called the complainant. On 05.02.2019 they came for survey of the shop and created a list of damaged items. Complainant started the aforesaid business after taking the loan from the OP No.1.
OP No.1 &2 after receipt of the notice did not come forward before this Commission within the statutory period nor filed W/V. The case is running ex-parte against the OP NO.1 & 2 vide order no.13 dated 30.06.2022.
Complainant filed affidavit in chief on 22.11.2022. He also produced the following documents.
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Documents
- Xerox copy of Universal Sompo General Insurance Co. Ltd. vide Policy No.2939/56941939/01/000 dtd. 10.10.2019..........(Two sheets)
- Original copy of Universal Sompo General Insurance Co. Ltd.10.04.2019......(One sheet)
- Xerox copy of letter to Bablu Saha from Allhabad Bank dtd. 30.10.2019.....(One sheet)
- Original copy of Certificate of Enlistment issued by Ranaghat Municipality dated 18.06.2019........(Two sheets).
- Application of G.D issued by Bablu Saha dtd. 04.02.2019...(One sheet)
- Xerox copy of Bills issued by Shilton Electronics dated 20.11.2018...(One sheet)
- Xerox copy of Bills issued by Shilton Electronics dated 27.12.2018...(One sheet)
- Xerox copy of Bills issued by Shilton Electronics dated 05.11.2019...(One sheet)
- Xerox copy of bill issued by New Joyguru Sinha Electrics dtd.10.08.2018.....(One sheet)
- Original copy of complaint filed before the CAB dated 27.07.2019....(One sheet)
- Carbon copy of list which were prepared after the incident 09(nine) pages.
- Carbon copy of complaint lodged by complainant before OP No.2 dated 07.02.2019
Decision with reasons
It is the allegation of the complainant that he purchased one insurance policy from OP No.2 which covered fired and perils of building and / or contents with sum assured / limit of indemnity Rs.1,70,000/- (Rupees One lakh seventy thousand). Complainant produced copy of insurance policy (Xerox) issued by OP No.2. In the said policy fire and allied perils building and or contents mentioned as Rs.1,70,000/- (Rupees One lakh seventy thousand). Complainant paid the insurance premium amounting to Rs.1,338/-( Rupees one thousand three hundred thirty eight). Said policy was valid for the period from 18.02.2018 to 17.02.2019. On perusal of document dated 04.02.2019 issued by complainant to the O.C, Coopers Out post, Coopers Camp notified area stating that mobile repairing shop of complainant was burnt on 01.02.2019. It has also stated that due to the said fire
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many mobile, charger, battery and other articles were burned. We also find that Coopers out post noted the said fact in their G.D. Book on 07.02.2019. On perusal of report of surveyor Mr. Kalyan Chakraborty dated 29.05.2019, we find that during his enquiry it has found that fire was added in the shop of complainant. We also find that purchase bill was produced before the surveyor. As per letter issued by OP No.2 dated 10.04.2019, we find that gross loss assesed as Rs.29,710/- (Rupees Twenty nine thousand seven hundred ten). OP No.2 vide his letter dated 10.10.2019 raised some questions about the claim of the complainant. Complainant produced purchase bill in respect of purchase of mobile and other articles before the surveyor and OP NO.2. Complainant purchased those goods by four vouchers i.e Rs.19,900/-, Rs.23,500/- , Rs.21,225/- and Rs.5,600/- on payment of cash. OP NO.2 raised a question that as per income tax act, 1961 u/s 40 A(3), no person can purchase any item from the shop exceeding Rs.10,000/- in cash which requires by cheque/draft/ online mode under a single bill. On careful perusal of section 40 A(3), we find that no such provision. Accordingly, we do not find any merit in the aforesaid ground of OP NO.2 regarding refusal of claim.
From the aforesaid discussion, it is clear before us that huge articles i.e mobile charger and other articles were burned due to fire at the shop of complainant. Surveyor noted 194 items and other articles during his survey and prepared one document whose carbon copy was given to the complainant. I find from the record that complainant has abled to produce copies of purchase bill in respect of Rs.19,900/-, Rs.23,500/-, Rs.21,225/- and Rs.5,600/- i.e Rs.70,225/- (Rupees Seventy thousand two hundred twenty five). But OP NO.2 did not pay any amount in favour of the complainant. We think that complainant was entitled to the aforesaid amount and complainant was also entitled to get some compensation in respect of furniture and other articles whose document is not available. We think that complainant was also entitled to Rs.20,000/- (Rupees Twenty thousand) in respect of burnt of furniture, and other accessories of mobile repairing and other articles.
Having considered the facts and circumstances of this case, evidence on records and documents on record we find that complainant has able to established that OP No.2 did not pay the any amount in favour of the complainant in respect of damage of articles of his mobile repairing shop due to incident of fire which took place on 01.02.2019 till date which amount to deficiency in service. As a result he sustained mental pain and agony and accordingly complainant is entitled to adequate amount from the OP No.2 as compensation.
Complainant did not claim any relief from the OP No.1 hence, no order should be passed against the OP NO.1.
So necessary direction should be given to the OP No.2.
In the result present case succeeds.
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Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP No.2 with cost of Rs.3,000.00(Rupees three thousands) to be paid by OP No.2 in favour of the complainant and present case be and the same is dismissed ex-parte against the OP No.1, but without any order as to costs.
OP No.2 is directed to pay Rs.90,225/- (Rupees Ninety thousand two hundred twenty five) in favour of the complainant positively within 30(thirty) days from this date failing which complainant shall have liberty to put this order into execution.
OP No.2 is further directed to pay Rs.10,000.00(Rupees Ten thousands) to the complainant as compensation for his physical harassment and for his mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.2 for compliance.
Let a copy of this order be sent to OP No.1 for his information and necessary action.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
