In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.139/2009
1) Asha Stores,
215, Bidhan Sarani, Kolkata-700006. ---------- Complainant
---Versus---
1) Manager, United India Insurance Co. Ltd.,
Division Office-III, 16, Hare Street, Kolkata-700001.
2) United India Insurance Co. Ltd.,
Himalaya House, 2nd Floor,
38B, J.L. Nehru Road, Kolkata-700071. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 33 Dated 20/12/2012.
The petition of complaint has been filed by the complainant Asha Stores against the o.ps. United India Insurance Co. Ltd. The case of the complainant in short is that complainant is in the wholesale and retail business of Tant Sarees and Dhuties. The Tant Sarees are mainly high quality ‘Tangail’, ‘Dhakai’, ‘Jamdani’ etc. and Dhuties of renowned mills as well as Tant. Complainant took out from the o.ps. the following insurance policies as per details below:
i) Standard Fire and Special Perils Policy under policy no.030300/11/07/11/00000149 valid for period 16-00 hrs. of 23.4.07 to midnight 22.4.08.
ii) Shopkeepers Insurance Policy no.030300/48/07/34/00000551 valid for the period of 17-30 hrs. of 23.4.07 to midnight 22.4.08.
iii) Burglary B.P. Policy under policy no.030300/46/07/04/00000100 valid for the period 17-30 hrs. of 23.4.07 to midnight 22.4.08.
iv) Money Insurance Policy no.030300/48/07/07/00000552 valid for the period 17-30 hrs. of 23.4.07 to midnight 22.4.08.
Complainant paid a total premium of amount of Rs.19,443/- against the aforesaid four policies by a single A/C Payee cheque no.399729 dt.20.4.07 drawn on Bank of Baroda, College Street Branch, against insured sum of Rs.20 lakhs-.
Thanthania area is prone to severe water logging during he rainy season. City of Kolkata experienced heavy rains for couple of days till 2.7.07. As a result there was severe water logging in an around Thanthania area and the shop-room of complainant went under water. Muddy and soiled water seeped through the rolling shutters causing immense damages to various verities of sarees and dhooties kept in the glass show-cases of the shop-room. Complainant on 2.7.07 informed o.p. no.1 the fact of such huge damage suffered by complainant due to so heavy rain and water logging. O.p. no.1 on 3.7.07 deputed one Mr. Subrata Bose as surveyor to take inspection of the damage caused to the materials and affected properties. A list of materials was prepared and on that basis a claim form was filled under policy no.030300/11/07/11/00000551 dt.3.7.07 for claim under Standard Fire and Special Peril Policy (material damage) under claim no.030300/48/07/34/90000588.
The said claim form was duly signed by one of the partners and handed over to the aid surveyor along with a list of affected goods duly certified and signed. The said surveyor vide letters dt.5.7.07, 27.11.07 and 1.12.07 requisitioned various other documents in support of the claim. Pursuant to such requisitions made by the said surveyor, complainant submitted the documents to the said surveyor. But complainant’s claim remaining unsettled for such a long period of time. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
All the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is not a defaulter in making payment of premium amount and we do not find any justification on careful scrutiny of the record for not allowing and/or disallowing the claim lodged by complainant even after surveyor’s report.
Accordingly we find that repudiation of the claim by o.ps. amounts to deficiency in service being service provider to their consumer / complainant and complainant is entailed to relief.
Hence, ordered,
That the case is allowed on contest with cost against all the o.ps. O.ps. are jointly and/or severally directed to settle the insurance claim of the complainant within 45 days from the date of communication of this order and are further directed to pay further sum @ 9% p.a. over the such amount till the date of realization and further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
