West Bengal

Birbhum

CC/64/2017

Jaynta Kr Mondal - Complainant(s)

Versus

Branch Manager, SBI Gen INS Co Ltd - Opp.Party(s)

Sanjit Kr Acharya

03 Jan 2022

ORDER

The case has been filed by the complainant Jaynta Kr Mondal on 09/08/2017 U/S 12 of the C.P Act 1986 against Branch Manager, SBI Gen INS Co Ltd and SBI Santiniketan.

The facts of the case to put in a nutsel as are below.

That the petitioner is resident of Indrapally, Santiniketan, P.O. Santiniketan, P.S. Bolpur, Dist. Birbhum in the jurisdiction of Ld. Forum.

That the complainant purchased a long term home insurance policy being No. 0000000001920998, sum insured of Rs. 1256000/- valid from 15/07/2014 to 14/07/2029 from the Op.

A fire broke out on 23/02/2016 at 2.30pm at the premises of the complainant.

That on that day mother of the complainant was sleeping in the Eastern side room of the premises. Suddenly she smelt of some burning thing and saw the entire house has been filled with smoke. Immediately after she awaking his wife and sons from their sleep from the adjacent room rushed outside of the house and started hue and cry. Hearing hue and cry, the para people rushed to the spot and saw fire spread from the electric board of her room. Seeing the same para people switched off the main switch and informed the Fire brigade of Bolpur. As soon as the Fire brigade got information about the fire incident they came with engine and took the fire under their control.

That inconsequence of the aforesaid fire incident the following damages were caused i) colour of the room which was situated to the Eastern side of the premises, ii) colour of verandah, iii) colour of door and window, iv) Wall potty, v) electrical wire, fan, light, switch board, one unit fold glass window, two curtains, vi) two glasses of one grill door of Verandah, vii) one wooden Palank, quilt, bed-pillow, viii) Sari of complainants mother, clothes packed in bags and Atarchi six bed covers.

 

                                                                   

That the complainant being the policy holder of the aforesaid policy informed the OP insurance company immediately after fire incident occurred through the opposite party No. 2 at first and thereafter over telephone.

That the complainant made repair after fire incident deploying the expert of that arena. That the complainant incurred expenses of Rs. 1,01,428/- details of which given herewith by annexure. 1,2 and 3 which will be treated as part and parcel of the plaint.

That the OP insurance company deployed one Kalyan Chakraborty surveyor to assess the damages in order to settled the claim. That said surveyor visited the spot and there after asked the complainant to submit some documents in respect of the claim., that accordingly the complainant submitted all the documents as per their requirement though his letter dt. 09/03/2016.

That the complainant complied with all the formalities so far required by the OP, but despite of that the OP did not settle the claim of the complainant till date intentionally in order to deprived the complainant from his legitimate claim.

So the complainant prayed for Rs. 1, 01, 428/- with interest @ 12% pa and Rs. 50, 000/- as compensation for mental agony and harassment with litigation cost of Rs. 10,000/-.

The OP recived the notice and appears before the commission and prays for time for filing W.V thereafter OP No. 1 and 2 did not contest the case. Hence the case went exparte on 29/11/2019.

The complainant has filed affidavit-in-chief on 02/01/2020.

            Heard argument of the Ld. Advocate/agent of the complainant.

Upon pleading of the parties the following points are to be considered for discussion of the case.

Point for determination/Issues.

1. Whether the complaint is a Consumer or not?
2. Whether this Forum/Commission has jurisdiction to try this Case?
3. Whether there in any deficiency in service or unfair trade practice on the part of the OP?
4. Whether the complaint is entitled to get relief or reliefs as prayed for?

All the points are taken up together for the sake of brevity and convenience. Before we discuss the points, let us look at the documentary evidence.

The following documents have been filed by the complainant:-

1. Relevant papers of all the above mentioned claim.
2. Estimate for repairing after the accident of the house.
3. Estimate for Electrical repairing after fire accident of the house.
4. Long term home Insurance Policy Schedule.
5. Photo copy of Insurance Policy.
6. Surveyor report.

                                                          

7. Photo Copy of the letter.
8. Photo Copy of the notice of the completion.
9. Photo Copy of the letter of calming.

Decision with reasons

Point No. 1:- Evidently the complainant have long term home Insurance Policy being No. 0000000001920998, sum insured of Rs. 1256000/- valid from 15/07/2014 to 14/07/2029 from the Op. So, the complainant is a Consumer U/S 2(1) (d) of the C.P Act 1986 and the OP SBI Gen. Ins. is the service provider.

Point No. 2:- Total valuation of the case is rupees less than Rs. 3,00000/- which is far below the maximum limit of this jurisdiction i.e. 20,00000/-.

            Therefore, this Forum has pecuniary Jurisdiction to entertain and try this case.

Point No. 3 and 4:-  It is evident from the evidence filed by the complainant and other materials on record that on 23/02/2016 at about 2.30 pm a fire broke out at the premises of the complainant, which was covered under the policy No. 0000000001920998  period from 15/07/2014 to 14/07/2029 and due to such tragic incident the complainant suffered loss amounting to Rs. 1, 01, 428/- as he incurred expenses for renovation and repairing of the house.

            The OP insurance company appeared before the case and filed written version in which they did not deny about the fire accident rather the surveyor of the insurance company estimated the loss/damage the later dated 25/02/2016.

            The claim of the complainant has not been settled and therefore the case has been filed before this Forum/Commission.

            The unchallenged testimony of the complaint proves the case. The Ops were found negligent and deficient in service had the Ops contested the case and adduced evidence if would have been cleared why the claim was not settled as the Ops were absent therefore we are accepted the evidence of the compliant which are more conversing reliable and trust worthy against the server report.

            Hence we allow the complaint exparte against the Ops as interest is provided no award of compensation is separately made.

The judgement is delivered in open Forum/Commission the judgment which is in the separate sheets contains total 3 pages.

                        Hence, it is,                                         

                                    O R D E R E D,

that the instant C.F Case No. CC/64/2017 be and same is allowed exparte against both Ops.

 

 

                                                        

Both the Ops are here by jointly and severely directed to pay of Rs. 1, 01, 428/- to the complainant as insurance claim along with interest @ 10% p.a which shall be calculated from the date of filing claim till payment within 45 days from the date of this order.

Both the Ops are further directed jointly and severally to pay litigation cost of Rs. 3000/- within aforesaid period of time.

Let a copy of this final order be given/handed over to the Petitioner and to all the Ops separately by post free of cost at once.