BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Wednesday the 21^st day of December, 2011

C.C.No.73/2011

Between:

S.Abdul Khadri, S/o/Late.Syed Moinuddin,

H.No.36/61, Chittari Street, Kurnool -518 002.                                        

         …Complainant

                                                         -Vs-

1. M/s. Oriental Insurance Company Limited,Rep.by its Divisional Manager,

   D.No.40-803, Bhupal Complex, Kurnool -518 001.

2. M/s. Oriental Insurance Company Limited,Rep.by its Senior Divisional Manager,

   Broket Divisional Office, Oriental House,4^th Floor, 7, J, TATA Road,

   Churchgate, Mumbai -400 020.                          

   …OPPOSITE PARTIES                               

This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and Sri N.Isaiah, Advocate for opposite party No.1 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following.

                                    ORDER

                  (As per Sri. T.Sundara Ramaiah, President)

   C.C. No.73/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

1. To direct the opposite parties to pay the assured amount of Rs.2,00,000/- towards the cost of stock and house contents with interest @24%;
2. To pay a sum of Rs.25,000/- towards the compensation for mental agony and hardship;

1. To pay the costs of the complaint;

1. To pass any other order or orders that are deem to be fit and proper in the circumstances of the case.                   

2.    The case of the complainant in brief is as under:- On 01-10-2009 the complainant purchased a 7½ liter Castrol Engine Oil can in a road show camp held near Bellary Chowrastha.  The complainant was given insurance policy bearing No.161322.  As per the policy the house of the complainant and contents are covered for flood inundation etc.  The period of policy is from 01-10-2009 to 31-03-2010.  On 02/03-10-2009 flood water entered into the house of the complainant. The furniture, food grains, electronic and electric equipments etc., were inundated in the flood water.   The complainant sustained total loss of Rs.2,85,000/-.  On 03-10-2009 the complainant met opposite party No.1 and intimated about the loss sustained by him.   Opposite party No.1 refused to appoint surveyor to assess the loss.  On 21-01-2010 the complainant got issued a legal notice to the opposite parties demanding to appoint a surveyor.  Instead of appointing a surveyor the opposite parties gave reply with false allegation.  There is deficiency of service on the part of opposite parties.  Hence the complaint.

3.     Opposite party No.2 called absent and set exparte.

Opposite party No.1 filed written version stating that the complaint is not maintainable.  It is false to state that the period of policy is six months from 01-02-2009 to 31-03-2010.   It is true that on 02/03-10-2009 the flood water entered into Kurnool city.  It is also true that on 03-10-2009 the complainant informed about the loss sustained.  The complainant also got issued legal notice dated 21-01-2010.  The complainant suppressed the facts and filed the complaint.  As per the terms and conditions of the policy the intimation should be given about the damage to the opposite party within 15 days from the date of incident.   The complainant leisurely about the loss after 2½ months from the date of floods.  Castrol India Limited held camp at Kurnool from 22-11-2009 to 14-12-2009.  The complainant would have purchased the oil from Castrol India Limited from 22-11-2009 to 14-12-2009 only.  As on the date of the floods the complainant was not covered under the policy.  Hence the complainant is not entitled to claim any amount under the policy.  There is no deficiency of service on the part of the opposite parties and the complaint is liable to be dismissed. 

 4.    On behalf of the complainant Ex.A1 to A5are marked and sworn affidavit of the complainant and third party affidavit of Sri S.Zubair Ahamed are filed.  On behalf of the opposite party No.1 Ex.B1 is marked and sworn affidavit of opposite party No.1 is filed.  

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Parties?

1. Whether the complainant is entitled to the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii :- Admittedly the flood water entered into Kurnool city on 02/03-10-2009 and on 03-10-2009 the complainant informed about the loss sustained by him to opposite party No.1.  It is the case of the complainant that on 01-10-2009 he purchased 7½ liter Castrol Engine Oil in a road show camp and he was given Ex.A1 insurance policy.  The complainant in his sworn affidavit clearly stated about the purchase of 7½ liter Castrol Engine Oil in a road show on 01-10-2009.  The same is also supported by the affidavit evidence of Sri S.Zubair Ahamed who is a third party.  It is the contention of the opposite party No.1 that the Castrol Engine Oil was not purchased by the complainant on 01-10-2009 and that road show camp was held at Kurnool from 22-11-2009 to 14-12-2009.  The opposite party No.1 did not place any documentary evidence to show that Castrol Engine Oil held camp at Kurnool from 22-11-2009 to 14-12-2009.  It is not the case of the opposite party No.1 that Ex.A1 policy was not issued by it.  As seen from Ex.A1 it is very clear that the period of insurance is from 01-10-2009 to 31-03-2010.   Therefore it cannot be said that the complainant purchased the Castrol Engine Oil in a road show on 01-10-2009 itself.   

8.     It is the case of the complainant that entire furniture, electric equpments etc., in his house were damaged due to flood water on 02/03-10-2009.  It is admitted by the opposite party No.1 that flood water entered into Kurnool city on 02/03-10-2009.  Ex.A1 is the policy issued by the opposite parties.  It is mentioned in Ex.A1 that it covers the damage caused for building and contents also.  The complainant filed Ex.A2 certificate issued by Tahsildar, Kurnool where in it is mentioned that the house of the complainant was badly affected with flood water on 02-10-2009.  It is the case of the complainant that inspite of his request on 03-10-2009 no surveyor was appointed by opposite parties to assess the loss.  It is admitted by opposite party No.1 in para 5 that on 03-10-2009 the complainant informed about the loss sustained.  There is negligence on the part of opposite parties.  According to the complainant he sustained total loss of Rs.2,85,000/-. The complainant prior to the filing of the present complaint got issued Ex.A4 legal notice.  The opposite parties received said notice and gave Ex.A5 reply notice.   The complainant did not produce the bills showing the purchase of LG TV, Godrej Fridge, DVD player etc., as mentioned in the complaint.  Except the oral evidence of the complainant and third party evidence there is no documentary evidence on record to show that the furniture and house hold articles wroth of rs.2,85,000/- were damaged due to the flood water.  Admittedly there was a flood and due to the said flood the furniture etc., in the house of the complainant must have been damaged to some extent.   The opposite party inspite of the legal notice got issued by the complainant did not choose to appoint    a surveyor to assess the loss.  There is negligence on the part of the opposite parties.  Taking into consideration the evidence available on record and circumstance of the case we think it is just and proper to direct the opposite parties to pay an amount of Rs.30,000/- to the complainant.   

 9.    In the result, the complaint is partly allowed directing the opposite parties jointly and severally to pay an amount of Rs.30,000/- to the complainant within one month from the date of the order along with costs of Rs.500/-.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 21^st day of December, 2011.

        Sd/-                                   Sd/-                                    Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant:-Nil                  For the opposite parties:-Nill

List of exhibits marked for the complainant:-

Ex.A1                Certificate of Insurance for House Holder’s

Policy bearing No.124500/11/2010/1620.

 Ex.A2.      Certificate issued by Tahsildar, Kurnool (Mandal and

District) dated 14-12-2009.

Ex.A3                Office copy of letter by complainant to        

opposite party No.1.

Ex.A4                Office copy of Legal Notice dated 21-01-2010 along

                with postal receipt and acknowledgement.

Ex.A5                Letter issued by opposite party No.2 to complainant

                dated 18-02-1010.

List of exhibits marked for the opposite parties:-

Ex.B1                Photo copy of letter issued by opposite party No.2 to

                complainant dated 18-02-2010.

         Sd/-                                            Sd/-                                    Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // 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  :

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