BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 15 of 2015
Sri Ashit Kumar Paul, ………………………………………….. Complainant.
-V/S-
United India Insurance Co. Ltd.,
(Represented by its Divisional Manager),
Division Office, Shyama Prasad Road, Silchar-1 Opp. Party
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri A. Biswas, Advocate for the complainant.
Sri Jagathjyoti Paul Advocate for the O.P.
Date of Evidence **************** 08-01-2016, 10-02-2016
Date of written argument ********* 19-09-2017, 15-12-2017
Date of oral argument ************ 10-01-2018
Date of judgment **************** 25-01-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Sri Ashit Kumar Paul brought this complaint against United India Insurance Co. Ltd., Silchar Branch, for award of compensation of 5,50,000/-(Rupees Five Lac Fifty Thousand) only by way of sum assured in connection with Fire Insurance vide Policy No.130500/48/13/32/00000197 and also compensation of Rs.1,00,000/-(Rupees One Lac) only for causing mental agony etc. for non-payment of sum assured money in time.
- The complainant brought the following fact in order to get the compensation of aforesaid Facts:-
He has purchased an Insurance Policy No.130500/48/13/32/00000197 from United India Insurance Co. Ltd., Silchar Branch, on payment of Insurance premium. The period of Insurance was 01-08-2013 to 07-06-2014 but very unfortunately on 04-12-2013 at evening about 7-30 P.M. fire broke out in the residential building of the complainant which was under coverage of fire Insurance etc. In consequence the properties kept inside the building had been damaged. Due to the aforesaid incidence some of his valuable properties had been stolen away by miscreants taking scope of fire breaking in the residential house. Accordingly, he lodged FIR and O/C Silchar Policy station registered Silchar P.S Case No.2624/2013 on 06-12-2013 (corresponding GR Case No. 4715/2013). Police investigated the case and submitted FR. However, the complainant submitted claim application but O.P-Insurance Co. repudiated the claim by issuing the letter dated 09-04-2014. Hence this case.
- The Insurance Company in its W/S denied the allegation of disservice etc. but admitted the fact of issuing of insurance policy which is covering not only risk of household property but also risk of damaging property on fire. However, the O.P repudiated the claim only on the sole ground that the complainant suppressed the fact of maintaining a godown in his residence and fact of letting the godown on rental to other person.
- During hearing the complainant examined himself as P.W-1 and exhibited 5 (five) documents including Insurance Policy, certified copy of FIR, certified copy of Final Report of Silchar P.S Case 2624/2013 and certified copy of the order of the Learned C J M, Cachar dated 24-03-2015 in connection with acceptance of FR of the aforesaid police case. The O.P also examined Sri Shibabrata Bhattcharjee, the Divisional Manager of United India Insurance Co. Ltd., and exhibited some documents including proposal form vide Ext-I. After closing evidence both sides’ counsels submitted their written argument. I have also heard oral argument of both sides’ counsels and perused the record including written arguments.
- On careful perusal of the exhibited documents including proposal Form and Insurance Policy, it is crystal clear that the complainant purchased householder insurance policy which includes fire and allied perils, theft etc. but does not specifically mentioned that if any property keep in the godown in the residence of the complainant shall be covering the risk of fire perils. In the proposal form vide Ext-I nothing mentioned specifically regarding maintaining the godown in the residence of the complainant. That is why, the O.P raised objection and repudiated the claim. In the complaint Petition nothing to be detected that fire broke out from the godwon maintain in the residence but Ext-2 FIR and Ext-3 FR very clearly disclosed the fact that there was a godown in the ground floor of the residence which was rented to Sri Norendra Das S/O Nibaran Ch. Das, Ambicapatty, Silchar. It is also clear from the aforesaid documents that fire broke out from the godown. Therefore, in my considered view the Insurance Police does not covered the aforesaid condition regarding maintaining of godown and letting the said godown on rental to other person.
- As such O.P-Insurance Company is not liable to compensate the actual amount of damages or any amount to the complainant. Thus, the complainant is not entitled to get any relief from this District Forum. Accordingly, the case is dismissed on contest. Supply certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 25th day of January, 2018.
