PRESENT
Complainant by Adv. D.P. Guchiya present.
Oppoent by Adv. Smt. Bhavana Bhatt present.
ORDER
(Per- Mr. S. D. MADAKE, Hon’ble President
1. The complainant, a private ltd. Company purchased the standard fire and special perils policy being policy no. PSP-00125156-000-00 for the period of 1/10/2010 to 30/09/1011. The said policy was issued for the location of the risks situated at NH-31A, Majhitar,Sikkim etc.
2. The complainant stated that on 18/09/2011 at 6.11pm entire sikkim faced a earthquake having intensity of 6.8 Richter scale and complainant's insured building was damaged. The complainant intimated the insurance company regarding the loss soon after the incident.
3. The opposite party appointed Mr Rajesh Somani as surveyor for assessment of loss.It is alleged that initially the loss was estimated at Rs. 2300000/- at the time of intimation of claim. After verification the complainant estimated claim to be around 5 lakhs.
4. The complainant stated that total expences of reconstruction incurred by company were Rs.4,27,152/-. The surveyor assessed loss of Rs.90000/- as per survey report dated 21/03/2012. According to complainant the surveyor, overlooked the bills of expences and calculated the loss as per his own will. The surveyor ignored the expences incurred and assessed the clam as per rates chart of 2006 ilegally. It is prayed that the opposite party be directed to pay a sum of Rs. 4,27,152/- with interest.
5. The opposite party filed written statement and submitted that complainant is attempting to seek equitable relief on the basis of fabricated statement of claim. It is submitted that claim has been assessed by surveyor after following proper procedure.
6. The opponent submitted that the complainant made vague claim of Rs. 23,00,000/- that was subsequently reduced to Rs. 5, 00,000/- and submitted the bills to the tune of Rs.3 lacs. It is prayed that the complainant be dismissed with costs.
7. We have perused complainant, written statement, affidavit of evidence, written notes of arguments and all the documents produced on record by both the parties. Admittedly, the earthquake occurred during the period of contract of insurance. The record shows that the house of the complainant was damaged and the company intimated the loss of Rs. 23,00000/- which was reduced to Rs.5 lacs.
8. The survey report dated 21/03/2012 shows the loss ocurred to the building was Rs. 1,25,359/-.(One lac twenty five thousand three hundred fifty nine) The building was insured for Rs. 13,70,0000/- The report shows that the complainant has submitted a bill for the few machinery items but the same was not shown at the time of survey. The report shows that the bill of machinery was not mentioned in the estimate and hence was not considered in the assessment.
9. We have perused the bills submitted with list at Exh. 3 by complainant. The documents show that the complainant incurred expenses to the tune of Rs. 3 lacs. The opposite party in para no. 11 of written statement admitted the repair bills were approximately Rs. 3 lacs. The complainant has not produced documents or other cogent evidence to show that opposite party is liable to pay any further amount exceeding Rs. 3 lacs.
10. The complainant is entitled to claim Rs. 3 lacs with interest at 9% p.a from the date of admission of complainant i.e, 29/08/2012 till actual realization of the amount. No separate order is passed for compensation as amount is paid with interest.
11. In the result, we pass following order.
ORDER
1. RBT Consumer Complaint No. 344/2012 is party allowed.
2. The CHOLAMANDALAM MS GENERAL INSURANCE COMPANY
LTD. is directed to pay Rs.3,00,000/-( Three Lacs only) with interest at
9% p.a from the date of admission of complainant i.e. 29/08/2012 till
actual realization of the amount.
3. No order as to costs.
4. Copy of this order be sent to both parties.
