BEFORE THE DISTRICT CONSUMERS FORUM: KURNOOL Present: Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member, PRESIDENT (FAC) And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Wednesday the 13th day of March, 2013 C.C.No.46/2012 Between: T.Gopal,S/o T.Nagiah, Manoj Textiles , 38/56-1, Minchin Bazar, Kurnool – 518 001. …Complainant -Vs- M/s Oriental Insurance Company Limited, Represented by its Divisional Manager, # 40/383A, 1st Floor, Bhupal Complex, Kurnool – 518 001. ...Opposite ParTy This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and Sri.V.Victor Augustine, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following. ORDER (As per Sri. M.Krishna Reddy, Male Member, PRESIDENT (FAC)) C.C. No.46/2012 1. This complainant filed this case under section 11 and 12 of C. P. Act, 1986 seeking a direction on opposite party for the payment of:- (a) Rs.11,86,289/- as the remaining balance of loss assessed by the surveyor with 24% per annum interest; (b) Rs.50,000/- towards compensation for causing mental agony; (c) Rs.500/- as cost of the case. 2. Briefly the complainant is the proprietor of Manoj Textiles. He insured his shop under the shop keeper’s policy bearing No.433100/48/2011/1964 covering the risk for the period from 27-12-2010 to 26-12-2011. Due to electric short circuit in the shop fire accident occurred on 06-03-2011 at 6.15 A.M. and entire stock worth of Rs.25,00,000/- was gutted down. The S.F.O. of Kurnool Fire Station, who extinguished the fire, in his certificate bearing Rc.No.68/2011 dated 06-03-2011 stated that the loss in the textile shop is about Rs.25,00,000/-. On complainant’s intimation about the fire accident, opposite party appointed a surveyor who assessed the loss to Rs.22,86,289/- with the help of a Charted Accountant. Inspite of complainant’s several requests for justice, opposite party did not take any step to settle the claim. Complainant got issued legal notice to opposite party on 24-02-2012. Opposite party after receiving legal notice deposited Rs.11,00,000/- in the complainant’s online bank account. Unsatisfied with the deposited amount the complainant lodged his protest with opposite party. As opposite party failed to pay the total assessed loss amount the complainant filed this case before the Forum claiming appropriate reliefs. 3. Persuent to the notice of this Forum opposite party filed his written version denying his liability to the complainant’s claim. Opposite party agreed that the policy was in force on the date of fire accident. He avered that, from the book available the value of stock assessed by the Charted Accountant on the date of occurrence of fire accident is Rs.22,86,289/-. This is the value of Tradable stock but not the value of stock burnt in the fire accident. The surveyor Sri.E.Mukund, who surveyed physically both in the affected shop and unaffected Godown arrived at Rs.15,84,127/- for Tradable stock against certified book figures of Rs.22,86,289/- by Charted Accountant. Further on 06-03-2011 the entire stock in the shop was not burnt and the stock that was not burnt in the fire accident could be treated as salvage and can be resold for lesser value. After scrutinizing the entire record, photographs surveyors report etc, the opposite party explained the complainant clearly that he is entitled to receive a compensation of Rs.11,94,798/-. Taking the consent of the complainant, a claim payment voucher was sent to the bank for necessary action. The bank credited the same to the account of the complainant. The opposite party followed the due procedure in marking payment to the complainant and as such there is no deficiency of service on his part. Hence opposite party prayed for the dismissal of the case. 4. Complainant and opposite party filed their sworn affidavits. Complainant got marked his documents as Ex.A1 to Ex.A6, while the opposite party got his documents as Ex.B1 to Ex.B7 to support their cases. 5. Both parties filed their written arguments and submitted their oral arguments. 6. Hence the points for consideration are: (i) Whether the complainant made out any case against opposite party to prove the deficiency? (ii) Whether the complainant is entitled for any reliefs? (iii) To what relief? 7. POINTS i and ii:- Ex.B1 / Ex.A1 is the shop keepers Insurance Policy, insuring the stock in trade of Monoj Textiles, Kurnool for Rs.22,00,0000/- for the period from 27-12-2010 to 26-12-2011. Fire accident due to electric short circuit occurred on 06-03-2011 at 6.15 A.M. Ex.A2 is fire service attendance certificate issued by S.F.O., Kurnool. S.F.O. approximately estimated the loss of property to Rs.25,00,000/-. Ex.A3 the letter of A.V.S.Rao and Company, Charted Accountants to Sri.E.Mukund, Insurance Surveyor and Loss Assessor. As per Ex.A3 the tradable goods stored at the premises of the insured on the date of loss was worth Rs.22,86,289/- as per records and information available. Ex.A3 is prepared in the absence of books of accounts and sale bills. Sales and gross profit are estimated at average of last three years. Ex.B2 is surveyors report. As per Ex.B2 the total value of stocks lying in the shop and Godown as on the date of loss by physical verification was Rs.15,84,127/- as against audited and certified book figures by Chartered Accountant is Rs.22,86,289/-. The value of sound stocks lying in the Godown was Rs.3,12,434/- and that of damaged stock was Rs.12,71,693/- on the date of fire loss. Ex.B3 is the copy of accident claim scrutiny sheet along with loss assessment working sheet on the basis of which the claim settlement is recommended for Rs.11,94,798/-. Ex.B4 is the copy of Form of discharge for fire loss in which the insured signed accepting for Rs.11,94,798/- in full settlement of all claims up on the opposite party company for loss or damage and expenses sustained arising from fire accident. Ex.B5 is the claim payment voucher for Rs.11,92,794/-. Ex.B6 is copy of first page of AXI’S Bank pass book and Ex.B7 is AXIS Bank transaction disclosing the remittance of Rs.11,92,794/- in to the insured account. The complainant is contended that he is entitled to receive total compensation of Rs.22,86,289/- as assessed by the Chartered Accountant out of which he received only Rs.11,00,000/- and the opposite party need to pay the balance amount of Rs.11,86,289/- with 24% per annum interest. The contention of the complainant is not acceptable because the loss accessed on Tradable stock by the Chartered Accountant is in the absence of books and sale bills on the date of loss. The surveyor by physical verification reported Rs.15,84,127/- worth stock lying in the shop and Godown Rs.3,12,434/- worth stock in Godown was unaffected. The calculation sheet Ex.B3 with all details prepared by surveyor for assessing the loss to Rs.11,94,798/- after apportionment in found in order. Hence the contention of opposite party in settling the loss claim is acceptable. In Ex.B4 the complaint signed without any protest and by accepting the claim settlement. As seen from Ex.B6 and Ex.B7 the opposite party acted promptly in transferring the settled amount in to the complainant account. In view of the above findings the Forum holds that the complainant failed to prove the deficiency of service on the part of opposite party and the complainant is liable for dismissal. 8. In the result, the complaint is dismissed with no costs. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 13th day of March, 2013. Sd/- Sd/- LADY MEMBER PRESIDENT (FAC) APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nil For the opposite party : Nill List of exhibits marked for the complainant:- Ex.A1 Photo copy of Shop Keepers Insurance – endorsement schedule Policy bearing No.433100/48/2011/1964/001. Ex.A2 Photo copy of Fire Service Attendance Certificate Rc.No.68/2011dated 06-03-2011. Ex.A3 Photo copy of Report of AVS RAO & Company, Charted Accountant. Ex.A4 Photo copy of Sakshi Daily News Paper Cutting. Ex.A5 Office copy of Legal Notice dated 24-02-2012. Ex.A6 Office copy of Legal Notice dated 02-04-2012 along with postal receipt and Acknowledgement. List of exhibits marked for the opposite party:- Ex.B1 Shop Keepers Insurance Policy bearing No.433100/48/2011/1964. Ex.B2 Photo copy of Survey report of E.Mukund dated 03-03-2012. Ex.B3 Photo copy of Accident Claim Scrutiny sheet dated 08-03-2012 Ex.B4 Photo copy of Form of Discharge for Fire Loss issued by Oriental Insurance Company Limited dated 12-03-2012. Ex.B5 Photo copy of Claim Payment Voucher issued by Oriental Insurance Company Limited dated 14-03-2012. Ex.B6 Photo copy of Bank Pass Book. Ex.B7 Photo copy of AXIS Bank Statement. Sd/- Sd/- LADY MEMBER PRESIDENT (FAC) // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
