Punjab

Sangrur

CC/318/2016

Dullet Pesticides - Complainant(s)

Versus

Manager - Opp.Party(s)

Shri G.S. Shergill

04 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                            

                                                Complaint No.  318

                                                Instituted on:    02.03.2016

                                                Decided on:       04.10.2016

 

Dullat Pesticides, Mehlan Chowk, Tehsil Sunam, District Sangrur through its proprietor Paruppkar Singh son of Baldev Singh, resident of Village Mehlan Chowk, Tehsil Sunam, District Sangrur.

                                                        …Complainant

                                Versus

1.     United India Insurance Company Limited, Regd. And Head Office: 24, Whites Road, Chennai 600014 through its Manager.

2.     United India Insurance Company Limited, Branch Sangrur, through its Branch Manager.

                                                        ..Opposite parties.

 

For the complainant  :       Shri G.S.Shergill, Adv.

For OPs                    :       Shri Satpal Sharma, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

               

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Paruppkar Singh prop of M/s. Dullat Pesticides, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant obtained the services of the OPs by getting insured his stocks of pesticides from the Ops for Rs.10,00,000/- vide cover note number 983983 for the period from 12.6.2014 to 11.6.2015 by paying the requisite premium of Rs.1124/-, but no policy was supplied to the complainant.

 

2.             The case of the complainant is that on 19.5.2015, when the complainant came to his shop and opened the shutter then he found that the goods/articles lying in the shop caught fire and totally burnt, of which DDR number 16 dated 19.5.2015 was recorded at PP Mehlan PS Chhajli and intimation was also given to the Ops and due to the fire the estimate loss to the goods was to the tune of Rs.5,43,275/-.  Thereafter the OP number 2 appointed the surveyor, namely, Savdesh Pal, who after inspection told the complainant to dispose of the ashes and half burnt goods/pesticides and the complainant accordingly disposed of the same. It is further averred that thereafter the complainant requested the Ops to pay the claim amount of Rs.5,43,275/-, but all in vain.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the amount of Rs.5,43,275/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

3.             In reply of the complaint filed by the Ops, preliminary objections have been taken up on the grounds that the complaint is premature, that the complaint is false frivolous and vexatious, that the complaint is baseless and flagrant abuse of process of law and that the complainant has no locus standi to file the present complaint. On merits, it is admitted that the complainant got insured the goods from the Ops.  It is further admitted that the complainant intimated about the fire to the Ops on 19.5.2015. It is stated further that the complainant intimated that with the help of peoples controlled the fire and in this accident some pesticides approximately amounting to Rs.3.00 to 3.50 Lacs burnt in the fire of which DDR number 16 dated 19.5.2015 was also recorded. After receipt of the intimation Shri Savdesh Pal Goyal was appointed to investigate the matter.  It is further stated that the complainant did not submit the list of burnt items to the police as well as to the Ops. The complainant did not provide stock register or books of accounts to the Ops. It is stated further that even the complainant does not maintain the accounts books/stock register etc.  It is stated further that the surveyor sent so many letters such as 21.5.2015, 22.6.2015 and 16.7.2015 through registered post to the complainant to provide the documents for settlement of the claim, but he failed to do so.  It is stated further that the complainant did not supply any documents to the Ops despite written so many letters to the complainant. As such, it is averred that the complaint is false and without any basis which should be dismissed with special costs.

 

4.             The learned counsel for the complainant has produced Ex.C-1 copy of insurance cover note, Ex.C-2 copy of DDR, Ex.C-3 copy of claim form, Ex.C-4 copy of estimate of loss, Ex.C-5 copy of stock register, Ex.C-6 copy of letter dated 19.7.2015, Ex.C-7 copy of stock statement, Ex.C-8 photograph, Ex.C-9 copy of trading account, Ex.C-10 copy of profit and loss account, Ex.C-11 copy of form number 3 CB, Ex.C-12 to Ex.C-19 copies of bills, Ex.C-20 and Ex.C-21 affidavits and closed evidence. On the other hand, the learned counsel for the Ops has produced Ex.OP-1 to Ex.OP-3 copies of letters, Ex.OP-4 to Ex.OP-5 copies of postal receipts, Ex.OP-6 affidavit and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the complainant got insured his stocks of pesticides with the OPs for Rs.10,00,000/- for the period from 12.06.2014 to 11.06.2015 as is evident from the copy of cover note on record as Ex.C-3.   It is also not in dispute that a fire broke out in the shop of the complainant on 19.5.2015 and the stocks of the pesticides burnt, of which DDR number 16 dated 19.5.2015 was recorded, a copy of which on record is Ex.C-2, wherein it has been stated that the loss of the complainant is about Rs.3.00 to Rs.3.50 Lacs. But, the complainant has also produced on record a copy of estimate of loss Ex.C-4 whereby he has stated the loss of pesticides was to the tune of Rs.5,43,275/-.  On the other hand, the stand of the Ops is that the complainant did not submit  the required documents to the surveyor despite demanding the same from the complainant vide letters dated 21.5.2015, 22.6.2015 and 16.7.2015, copies of which are on record as Ex.Op-3, Ex.OP-2 and Ex.OP-1, respectively for settlement of the claim, but of no avail.  There is nothing produced on record by the complainant that he ever submitted the desired documents to the Ops to process the claim of the complainant.  There is no explanation from the side of the complainant that why he did not submit the desired documents to the Ops for settlement of the claim.  Further a bare perusal of the letter Ex.OP-3 clearly shows that the Ops demanded the documents, such as, detailed estimate, claim form duly filled, copies of purchase bills, copy of stock register, certificate from village sarpanch, trading account for the period from 1.4.2015 to the date of loss duly certified by the Chartered Accountant.  In the circumstances, we feel that it is established on record that the complainant did not submit the required documents to the Ops , despite demanding the same from the complainant by the surveyor.  As such, we feel that it is a case, where the complainant should be directed to first submit the required documents to the Ops for settlement of the claim.

 

7.             In view of our above discussion, we allow the complaint partly and direct the complainant to submit all the required documents to the Ops for settlement of the claim by the OPs and after receipt of the documents, the Ops shall settle the claim within a period of 30 days and intimate the complainant by registered post.  It is made clear that if thereafter the complainant feels unsatisfied from the decision of the Ops number 1 and 2, then it is open for the complainant to approach this Forum again to get his grievance redressed, if he so desired. 

 

8.             A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                October 4, 2016.

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

                                                           (K.C.Sharma)

                                                                Member