ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                     JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to pay Rs.8,12,000/- towards material damages claim and litigation expenses fees Rs.15,000/- and Rs.23,000/- towards mental agony and harassment”.

            The brief fact of the case is that, the complainant is a poor kabadi bala and maintained his livelyhood by kabadi business and the complainant is a consumer under opposite parties as the complainant insured his kabadi shop under the opposite parties vide policy No.740091921111000051 under standard fire and special perils policy (material damage). On 09.5.2019 the complainant claims material damage of his insured kabadi shop due to heavy rain fall and storms (Cyclone Fani) on 03.5.2019. The complainant submits his representation before the insurance surveyor’s and loss accessories and also submitted his stock list before the opposite party No.5. The complainant through the agency of the opposite party No.5 and the opposite party No.2 is the policy serving authority and the opposite party No.3 is policy issuing authority and the said policy cover from 30.3.2019 to 29.3.2020. On 09.5.2019 the surveyor prepared and submitted his claim estimates of Rs.4,55,000/- with the presence of witnesses and the witnesses signed on the data sheets. The opposite parties failed to settle the claim within the time which violated the law and guideline of the I.R.D.A. and the opposite parties by unfair trade practice illegally not settled the claim of the complainant in the time for which the complainant suffer great mental agony and sustained financial loss.

            Opposite party No.2 filed written version through his advocate stating as under;

            Opposite parties have issued a Reliance Standard Fire and Special Perils Policy in respect of stock kept in the kabadi shop (scrap material) of the insured complainant subject to certain terms and conditions of the policy issued for the period of coverage of risk was from 30.3.2019 to 29.3.2020. During the subsistence of the above insurance policy, a claim was lodged before he insurance company alleging there in that due to storm Fani (cyclone) on 03.5.2019, the scrap material/materials kept in the risk location as specified in the subjected policy had sustained loss. After getting the intimation from the complainant regarding the said loss, had deputed a surveyor for inspection of the insured premise and for assessment of loss. The surveyor in course of his inspection had examined the scrap materials available with the complainant and assessed the loss caused to the materials kept in the risk location due to the said cyclone and after careful examination of all aspects assessed the loss to the extent of Rs.1,750/- while deducting the salvage the total loss was assessed at Rs.1,400/- and as per the policy terms and conditions of the present policy taking into consideration of the deductibles from the claim/loss assessed on account of policy excess of minimum Rs.10,000/-, it is established that the loss assessed in the present claim falls below the prescribed policy excess, hence the claim was closed “NIL” claim.

            Opposite party No.5 filed written version through his advocate stating as under;

            The complainant is running his business vide loan account No.512130110000048 maintained in opposite party bank and had insured his kabadi shop under the opposite party No.5. The complainant had paid amount on 16.3.2019 and renewed his insurance premium availed by Reliance General Insurance Co. Ltd. The complainant had submitted his stock list before this opposite party on 01.5.2019 of Rs.8,12,000/- and due to alleged material damage of the complainant in ‘Fani’ cyclone on 03.5.2019 and surveyors claim estimate of Rs.4,55,000/- of insurance company in the presence of witness the complainant has no claim against the opposite party bank, so this opposite party has not done unfair trade practice. Hence complainant is required to repay the loan dues with interest in terms of the loan agreement. At present balance amount of Rs.4,10,934.27 paisa as on 14.11.2019 are due and outstanding against the complainant which the complainant is required to pay the loan amount with further interest, charges towards loan account till closing of the loan account.

            Since complainant has not produced any material with regard to the stock amount and there is no record to have such huge stock it is unbelievable that complainant had kept such huge stock in a tin shed without maintaining any record . The surveyor has already submitted his report mentioning therein that complainant was not maintaining required documents such as stock register, inward and outward register, purchase price with connecting documents of material (scraps) kept in his premises for which he assessed the loss on physical verification of the stocks. The insurance company on the basis of the assessment made by the surveyor has closed the claim of complainant as ‘No Claim’. “Since the claim of the complainant was closed as “No/Nil Claim” after due application of mind and after taking all the relevant factors into consideration, thereby the question of deficiency in service on the part of opposite party does not arise at all and hence the complaint petition is not maintainable”.

            The opposite parties have strongly denied the loss to the extent of Rs.4,55,000/-. The complainant has not disputed any fact mentioned in the written version by filing any rejoinder rather found absent on hearing. We found no merit in the complaint and no deficiency on service or unfair trade practice on the part of opposite parties. Hence the consumer complaint is dismissed. No cost.