West Bengal

Bankura

CC/4/2023

M/S Ashoka Traders ( Prop: Nimai Chandra Ghosh) - Complainant(s)

Versus

Branch Manager New India Assurance - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

05 Oct 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.04/2023

             Date of Filing:10/01/2023 

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:Ld. Advocate Jayanta Kr. Mukhopadhyay / Ld. Advocate Tapas Chaudhuri / Ld. Advocate Suman Patra

For the O.P :. Ld. Advocate Shyamal Chatterjee

 

Complainant:

M/S Ashoka Traders (Prop: Nimai Chandra Ghosh), Resident of Onda Kalisen More, District- Bankura, PIN-722 144                (Mob):9434177955                                                                  

Opposite Party:

1.Branch Manager New India Assurance, Pravat Villa, Natunchati, P.O, &Dist. Bankura- 722 101 West Bengal.

2.Central Bank of India Bankura Branch, Machantala, P.O, Bankura Dist, Bankura, Pin-722101

 

 JUDGEMENT 

Dated:05-10-2023              

The case is fixed for delivery of Judgement.

The Complainant’s case is that he being engaged in the trade of Hardware materials, sanitary ware and equipments and submersible pump etc. took cash credit facility from O.P. No.2 / Bank A/c. No. being 1348042857 by hypothecation of Stock-in-Trade and insured accorodingly with O.P. No.1 Insurance Co. with total sum insured Rs.35 Lakh with Yearly premium of Rs.6,464/- for the period from 26/06/2021 to 25/06/2022 under Policy No.51210648210600000061. On 04/11/2021 an unfortunate accident of fire took place at his Shop-cum-Godown, when it was closed, due to an electrical short circuit as a result of which there was a vast damage to the stock inside the Shop-cum-Godown. The incident of fire was reported to the O.P. No.2 Bank on 05/11/2011 as well as to the O.P.1 Insurance Co. with claim application on 06/11/2021. The Divisional Fire Officer, Bankura also submitted a report in the matter on 12/11/2021.

The damage was assessed by the Complainant at Rs.13,31,553/- but the O.P. Insurance Co. did not accept the same but offered a compensation of Rs.1,50,325/- which the Complainant refused and has therefore filed the instant case claiming entire amount of compensation from the O.P. with other reliefs.

                                                                                                                                                                                       Contd……p/2

Page: 2

The O.P.1 Insurance Co. contested the case by filing a written version denying all the material allegations made in the Complaint contending inter alia that the Complainant is not entitled to get the relief to the extent as prayed for but at best they can get Rs.1,50,325/- as assessed by Company’s authorized Surveyor.

O.P. No.2 did not contest the case.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission and documents on both sides the Commission finds that in fact there is no dispute with regard to the accidental fire in the Shop-cum-Godown of the Complainant as is evident from the report of the Divisional Fire Officer, Bankura Division, dated: 12/11/2021. The cause of fire as observed in the said report is electrical short circuit which is beyond the control of the Complainant.

Ld. Advocate for the O.P. Insurance Co. has however disputed the extent of loss and damage as claimed by the Complainant by relying on the Surveyor’s report dated: 02/02/2022 where after taking into consideration the relevant facts and figures the damage was assessed by the Surveyor at Rs.1,50,325/- and the Complainant cannot get more than that.

On perusal of the relevant material on record including the Stock-in-Trade at the relevant point of time and the report of the Divisional Fire Officer and also the Surveyor’s report the damaged items are found to be paints (Nerolac), China Washer, PVC Pipe fittings basin with stand, S Sink and Mirror bath room the approximate value of which is Rs.13,31,553/- according to the Complainant but according to the Surveyor’s report it is Rs.2,84,200/- which comes to Rs.1,50,325/- after necessary deduction.

It is no doubt true that Surveyor’s report is not sacrosanct in all such cases and the Commission has to weigh the evidence of the Complainant also in calculating the loss and damage in question.

                                                                                                                                                                                       Contd…..p/3

Page: 3

In this case insured value is Rs.35 Lac which gives an idea to the valuation of the Stock-in-Trade at the relevant point of time. The Commission has to strike a balance between the estimate of the Surveyor and that of the claim of the Complainant. However it is no excuse for the complainant to produce relevant Stock Register and other documents in support of the loss and damage of Stock-in-Trade as no papers and document are reported to be damaged by such accidental fire. Thus taking into consideration the entire facts and circumstances and the actual loss and damage of the nature of materials the Commission thinks it reasonable to fix the liability of the O.P. No.1 Insurance Co. to pay to the Complainant Rs.5 Lakh as compensation. The case therefore succeeds in part.                                                                                                                              

Hence it is ordered…….

That the case be and the same is allowed in part on contest but without cost.

The O.P.No.1 Insurance Company is directed to pay to the Complainant Rs.5 Lakh as compensation  within a month from this date in default the law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

 ____________________                _________________          _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER       HON’BLE MEMBER