District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-14-11-2017

Date of final hearing-09-06-2023

 Date of Order-09-06-2023

Case No. 151/2017

Om Prakash Yadav Son of Late Ram deo Yadav

Prop. M/s- Sonam Collection Residence of Plot No. 255, Navchetain Co- Operative Chas, District- Bokaro

                                      Vrs.

1. Director, Cyndicate Bank,

    Sector-4 Branch, Bokaro

2. Director United India Insurance Co. Ltd.

     Raj Complex, 2^nd Floor, Bye Pass Raod,

     Chas, District- Bokaro

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. None turned up on behalf of the complainant on repeated call. On the other hand Ld. Counsel for the O.P. No.1 & 2 is present.  It reveals from the record that this case is pending at the stage of argument in which complainant is absent since long, therefore, in the given facts as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record as well as the argument of the O.Ps.

2. Complainant has filed this case with prayer for direction to O.Ps. for payment of Rs. 16,31,575/- as loss of the articles burnt and to pay Rs. 1,00,000/-  on account of damage to the fittings etc., Rs. 1,25,000/- as compensation for various type of harassment and also to pay Rs. 15,000/- as litigation cost to the complainant.
3. Complainant’s case in brief is that he is owner of M/s Sonam Collection Shop No.-10 District Board Market Mahavir Chowk, Chas  which is financed by O.P. No.1  and insured by O.P. No.2 to the  tune of Rs. 25,00,000/-. Further case is that in between the night 27/28-04-2015 there was burning by fire in the shop causing damage to all the articles cloths etc. of the shop accordingly matter was reported to the Chas P.S. vide S.D.E. No. 10/2015 dt. 26.06.2015 thereafter, O.P. No.2 appointed a surveyor who assessed the loss to the tune of Rs. 16,31,575/- but it was not settled rather vide letter dt. 29.08.2016 several papers were demanded to which complainant has already provided to the O.Ps. inspite of it his claim has not been settled hence this case has been filed.
4. As per O.P. No.1 he is having no liability in respect to claim of the complainant rather on the papers submitted by the complainant it have been forwarded to O.P. No.2 by this O.P. and complainant is defaulter in payment of the loan  for which O.A. No. 350/2017 has already been filed before DRT, Ranchi hence complainant is not entitled to get any relief as claimed against this O.P.
5. As per O.P. No.2 complainant has not informed about the incident within time limit rather information was given with 53 days delay. Further reply is that complainant has not submitted report of fire department regarding the accident nor he has submitted the Sales, stock register, cash book and ledger for current financial year or previous financial year. Further it is false to say that surveyor has assessed the loss of  the shop of Rs. 16,31,575/- rather he has demanded the documents vide letter dt. 03.05.2015 which was not submitted hence claim has been repudiated on 29.08.2016 hence case is liable to be dismissed.
6. Point for adjudication is whether complainant is entitled to get relief as claimed ?
7. In support of the case complainant has filed photo copy of the application dt. 26.06.2015 (Annexure-1), photo copy of the application submitted before O.P. No.2 (Annexure-2), photo copy of the Policy paper  (Annexure-3), photo copy of the letter dt. 03.05.2015 issued by surveyor  (Annexure-4), photo copy of the claim form (Annexure-5), photo copy of the claim repudiation letter (Annexure-6). Complainant has examined himself as witness No.1 in which he states that he has submitted details of the stocks of the shop related to pre and post occurrence of the fire. But it appears no such paper has been filed till date. Except above mentioned papers no any other evidence either oral or documentary has been submitted by the complainant.
8. In light of above discussion we are of the view that this case is liable to be disposed off with direction to the complainant to file the demanded documents before the O.P. No.2 as it is mentioned in letter dt. 03.05.2015  and 29.08.2016. Accordingly this case is being disposed off with direction to the complainant to provide all the documents as mentioned in letter dt. 03.05.2015 and 29.08.2016 (Annexure- 4 & 6) to the O.P. No.2 within 30 days from today and on receipt of those documents O.P. No.2 shall take appropriate decision within further 30 days from receipt of the documents .

                                                               S/d   

(J.P.N. Pandey)

                                                                                      President

S/d   

(B.P.L Das)

   Sr. Member

          S/d   

                                                                               (Baby Kumari)

                                                                                                                                                                                                              Member