Delhi

New Delhi

CC/953/2014

Babu Lal - Complainant(s)

Versus

M/S. Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

26 Feb 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

                                                               VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

 

Case No.CC/953/2014                                                         Dated-

 

Babu Lal Ram

Prop. Of M/S Babu Tailor and Drapers

Shop No.  2359, T-6, Shivaji Park Market,

Opposite Anaj  Mandi

Narela, Delhi- 110040                                                                      ......Complainant     

 

         Vs.

 

Bajaj Allianz Gen. Insurance Co. Ltd.

Block No. 4, 7 the floor, DLF Tower

15^th Shivaji Marg,

New Delhi – 110015

( Through Its Authorized Representative/ Regional Manager)

Policy No.  OG-4-11044092-0000096

Valid on 14/03/2014 to 13/03/2015

                                                                                                       .....Opposite Party

 

 

NIPUR CHANDNA, MEMBER

 

ORDER

Complainant is carrying on its business of cloths under the name and style of M/s Babu Tailor Drapers. It is alleged by the complainant that he had taken an  Insurance Policy from OP vide policy bearing no. 0G-4-11044092-00000096 for the period from 14/03/2014 to 13/03/2015  covering the complete shop for the total sum insured of Rs. 40,00,000/-. It is alleged by the complainant that on 29/07/2014 in the morning at about 6 A.M. shop burnt completely due to which all the assets/ goods of the shop got completely damaged and in this regard the FIR detail report dated 14/08/2014 was issued by the Fire brigade. The information regarding the same was also given to the police vide DD no. 9 A dated 31/ 07/2014 with PS Narela.

The intimation about the loss was given to OP, OP appointed surveyor who visited the premises and after inspecting the shop prepared the list of the total damage caused to the complainant to the tune of Rs. 49,80,000/-. Despite preparing the list of the loss to the tune of Rs. 49,80,000/- the OP insurance company settled the claim of the complainant for a sum of Rs. 23,80,000/- on 20/11/2014 without getting any consent letter from the complainant. It is alleged by the complainant that he made several phone calls and personal visit at the Office of OP to disburse the balance claim but nothing has been heard on the part of OP. Complainant  therefore approached this Forum for redressal of his grievance.

Complaint has been contested by OP, written statement filed by OP, wherein, it denied any deficiency in service on its part. It is further stated that as per the assessment made by the surveyor the total loss is to the tune of Rs. 23,90,415/-. The OP insurance company already  paid a sum of Rs. 23,80,000/- to the complainant after making the necessary deduction as per the policy terms and conditions. It is further stated that the complainant is not entitled for any relief claimed and prayed for the dismissal of the complaint in terms of the payment made.

 Complainant filed his evidence  by way of affidavit.  On behalf of OP, Sh. Dushyant Meena Sr. Executive Legal  of OP, Insurance Co. filed his evidence by way of affidavit.

 Complainant has placed on record copy of policy documents, copy of FIR, copy of stock summary, balance sheet and profit and loss account in support of his case.

It is argued on behalf of OP that the claim of the complainant lodged with the Insurance Co. got thoroughly investigated and on scrutiny of documents on record, the loss was assessed to the tune of Rs. 23,90,415/-. The OP insurance company paid a sum of Rs. 23,80,000/- to the complainant after making the necessary deduction as per the policy terms and conditions.

Per Contra, it is argued on behalf of complainant that OP had arbitrarily settled his  claim and he is entitled for the relief claimed.

After going through the factual position of the case and the arguments addressed on behalf of the parties, we are of the considered view that certain facts are not denied by both the parties, such as the Insurance policies, the fire incident. The complainant has prayed that he is entitled for the balance sum of Rs. 19,00,000/- for the loss of his business, financial loss, mental pain and harassment  but failed to place on record any document in support of his contention. The Complainant had also failed to place on record any documents which justify the claim of Rs. 19,00,000/-. He has  placed on record the copy of stock summary  but the same has no legal sanctity. He has placed on record the copy of provisional balance sheet whish shows that the closing stock was of Rs. 27,80,903/- the complainant has failed to place on record any document to justify his claim for a sum insured of Rs. 15,00,000/- against furniture and fixture.

Perusal of the file shows that the  OP Insurance Co. has placed on record the report of the  surveyor, who is independent person appointed by IRDA to investigate and assess the loss suffered by insured. Surveyor had assessed the loss to the tune of Rs23,90,415/-.  Complainant has failed to place on record any documents justifying the further claim of Rs.19,00,000/-  he has placed on record certain documents through which we cannot assess the actual loss suffered by him. Hence, we are inclined to hold that the actual loss suffered by the complainant is Rs.23,90,415/- i.e. assessed by the surveyor. The assessed amount was already paid to the complainant by OP on 20/11/2014.

            In view of the above discussion, we are of the considered opinion that the OP Insurance Co. has rightly settle the claim of the complainant. 

We find no merit in the complaint, same is hereby dismissed. 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 26/02/2020.

The orders be uploaded on www.confonet.nic.in.

 

  (ARUN KUMAR ARYA)                 

           PRESIDENT

 

          (NIPUR CHANDNA)                                                              (H M VYAS)

      MEMBER                                                                           MEMBER