Delhi

New Delhi

CC/979/2009

Sushil Gupta - Complainant(s)

Versus

M/S. Oriental Insurance Company Pvt.Ltd. - Opp.Party(s)

24 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/979/09                                      Dated:

In the matter of:

Mr. Sushil Gupta,

Prop. of M/s. Krishna Jute & Co.,

C-116, B.S Road Industrial Area,

Ghaziabad, U.P (India)-201001

……..COMPLAINANT

       

VERSUS

M/s. Oriental Insurance Co. Ltd.,

Branch Office 4, F-20, 1^st Floor,

United India Life Building, C.P, Delhi-01

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The Complaint of deficiency on the part of OP is in respect of incorrect assessment of loss of material in the insured premises of the complainant, in  a fire that guttered the store bales of cloth and other machinery in the premises at plot no.331, Pandav Nagar Industrial Area. The complainant informed the OP Company and a surveyor was appointed. All documents as required were given by complainant, as is also admitted in written arguments of OP on record. The Surveyor assessed the loss of Rs.3,48,192/- showing calculations. The complainant claimed loss was Rs.11,79,813/-. (Rs.10,29,336/- for stocks and Rs.1,49,877/- for building, plot material etc.)

   The Complainant has questioned the loss of stocks based on wrong calculations of measurement of cloth cost. The complainant has pointed out that surveyor assessed the loss of bale quantity at 272 yds, which in fact was 2000 yds, as shown by invoice of purchase; showing that each bale was of 828.80 sq. meters likewise each bale of white cloth was of 250 meters or 273 yds. This actual total loss is 1000 yds as against 1367016 yds. The monetary loss thus work out is Rs.10,91,462/-.

We have heard both the parties, perused the surveyor report other material on record and considered the version cited by OP to repel the claim. A bare look at the invoices of purchase of cloth by complainant placed on record shows the cloth in one bale of each type cloth, lost in fire. The Surveyor report has missed the details of cloth and has own wrong basis calculated the loss of 272 yds. The report is perverse. It has to be reheard on this part. Such a report cannot form the basis of claim. We set aside this part of surveyor’s report and this is deficiency of OP not to appreciate the facts presented by victim. In the circumstances, we hold OP guilty as direct it to get the disputed quantity of bales quantity reassessed for loss, by another person, and correct the loss within 60 days. The complainant will be free to file fresh complaint, if OP does not correct the mistake. We also award a compensation of Rs.50,000/- for the deficiency so far in assessment and Rs.20,000/- for litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 24.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER