Alleging deficiency in service and unfair trade practices on the part of Opposite Party No.1, viz. SBI General Insurance Co. Ltd. (for short “the Insurance Company”), in repudiating the claim made under the “Standard Fire and Special Perils Policy” for loss suffered by them on account of fire on 14.3.2012, the Insured, a Company Corporate, has filed this complaint under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”).  The complainant prays that the Insurance Company may be directed to pay a sum of `12,69,40,077/-, as the value of the goods lost in the fire accident along with interest @ 12% per annum.  Prayer for compensation towards mental harassment etc. has also been made.

          Having glanced through the complaint and the documents filed therewith, we are of the view that the complaint, as framed, does not disclose any cause of action.  It is manifest that the claim preferred by the complainant has been repudiated by the Insurance Company on the sole ground that despite several reminders by the Surveyors, M/s Atul Kapur & Company, to the complainant, vital documents, which, inter alia, included Balance Sheets, Stock Registers, etc. were not furnished (Pg.186-187).  The penultimate paragraphs of the letter of repudiation, dated 12.3.2012 read as follows :

“You were provided with many opportunities to complete the documentary evidence, we wish to highlight that a number of reminders have been issued by surveyors and investigators on 20^th March 2012, 31^st March 2012, 27^th April 2012, 16^th July 2012, 22^nd August 2012, 26^th September 2012 and 8^th October 2012.  A final opportunity to clarify the requirements was given to you by the surveyors, during the meeting held on 29^th Oct 2012 between you & the surveyors. 

Our Claims department requested you to cooperate with Surveyors and Investigators by providing necessary clarifications & supporting documents to them to establish the actual loss vide our reminder dated 22^nd Dec 2012.

Keeping in view facts observed by the surveyors & verifications conducted by the investigators it is established that the subject claim is not tenable under the policy terms & conditions; due to breach of various conditions of insurance policy.  This is for your information & record.”

          On a pointed query by the Bench as to why documents in support of the claim were not furnished, learned counsel appearing for the complainant candidly admits that as per his instructions, the information/documents sought for by the Surveyors were not furnished at that point of time, as these were irrelevant.  According to the learned counsel, all the material documents in possession of the Complainant Company were supplied to the Surveyors.  Learned counsel has, however, placed before us an Auditor’s Report dated 14.4.2014 for the period ending 31.3.2012. 

          In our opinion, the allegations of deficiency in service or unfair trade practices, as alleged, cannot be tested on the basis of the documents which were not in existence at the time, they were demanded.  In view of the admitted position that the information sought for by the Surveyors was not furnished by the Complainant Company, it cannot be held that the Insurance Company was deficient in rendering service or they had indulged in unfair trade practices in any manner in repudiating the claim of the complainant for the afore-extracted reasons, vide letter of repudiation dated 12.3.2012.  Neither the Surveyors nor the Insurance Company is expected to accept a claim without proper verification.  Whether or not a particular document is relevant is to be decided by the Insurance Company in the first place.

          In view of the above, the complaint is dismissed on the short ground that the material placed on record of this complaint does not give rise to any cause of action for questioning the correctness of the impugned action of the Insurance Company in repudiating the claim for lack of supporting documentary evidence.  It goes without saying that we have not expressed any opinion on the veracity of the documents produced before us during the course of hearing.