J U D G E M E N T

Mr. Sankar Kumar Ghosh, President ─ This consumer complaint under section 12 of C.P. Act, 1986 has been filed by the complainant Sri Durjyodhan Das against the OPs named above alleging deficiency in service on the part of the OPs.

            Complainant’s case, in brief, is as follows: -    That Complainant for safety and security of his Zori Embroidery business entered into a “Standard Fire and Special Perils Policy” being Policy No. 153504/11/17/3100000135 with OP No. 1 through OP Nos. 2 for the period from 11-08-2017 to 10-08-2018 and a sum of Rs.7,00,000/- (seven lakh) only was insured against the said Zori Embroidery business of Complainant.

Complainant also stated that he took a cash credit loan being A/c No. 428530110000016 from OP No. 2 and for safety and security of his said Zori Embroidery business by the said cash credit loan Complainant did the said “Policy” with OP No. 1 through OP No. 2 and for updating the stock of the Complainant for the purpose of said loan account , Complainant deposited a statement of stocks of his aforesaid business on 30-04-2018 before the OP No. 2 on 10-05-2018.

Hence, suddenly on 11-05-2018 at about 1.30 am to 2.00 am the godown of the Complainant got fire and all the stock of said Zori Embroidery business amounting to Rs.26,51,000/- (Twenty six lakh and fifty one thousand) only were turned into ash.

Thereafter, Complainant on the same day intimated the said incident before the local P.S., Panchla inter alia giving details of assets which were damaged in the said fire and the same matter was entered into a general diary of Panchla P.S. vide G.D.E. No. 557 dated 11-05-2018. The said incident also intimated the OP No. 2 for disbursement of sum assured amount of Rs.7,00,000/- (Rupees seven lakh) only against the said “Policy” and accordingly OP No. 2 vide its letter dated 16-05-2018 intimated the matter to OP No. 1 claiming the cash credit facility of Rs.6,00,000/- (Rupees six lakh) only against the said “Policy”.

            Complainant also stated that after receiving the said letter dated 16-05-2018, men of OP No. 1 came at the place of incidence and inspect/survey the same and assured the Complainant that very soon his claim will be disbursed.

            Complainant also stated that since then Complainant on several occasions personally visited the office of the OP No. 1 and requested to disburse the sum assured amount of Rs.7,00,000/- (seven lakh) only against his aforesaid claim but no response came from their end till February, 2019. After that on 09-03-2019 OP No. 2 supplied a copy of letter of OP No. 1 regarding disbursement of the claim amount against the said “Policy” and after getting such letter from the OP No. 2 in the month of March, 2019 Complainant got shock by noticing that only 56,823/- (Rupees fifty six thousand eight hundred twenty three) only has been allowed against the said claim.

            Thereafter complainant went to the office of the OP No. 1 and requested the men of OP No. 1 to show the survey report from which they assessed the same but they refused to supply the same.

Under such circumstances and finding no other alternatives Complainant filed this case before this Ld. Commission and praying for direction upon OP No. 1 to disburse the insured amount i.e. Rs.7,00,000/- (Rupees seven lakh) only with interest and also praying for direction upon OP No. 1 to compensate an amount of Rs.1,00,000/- (Rupees one lakh) only and also to pay Rs.10,000/- (Rupees ten thousand) only  as litigation cost.

            OPs were duly served with notice of this case but subsequently non taking of steps by OPs, case has been proceeded ex-parte against OPs.

POINTS FOR DECISION

Is the complainant entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

            To prove his case, the complainant has tendered his BNA also filed all relevant documents in support of his case.

We have gone through the said evidence of the complainant and the documents filed by him.

It appears that in his evidence, the complainant has fully corroborated his case as incorporated in the petition of complaints and the documents filed by him also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by him, remaining un-challenged, it is held that the complainant’s case is proved and he is entitled to get the reliefs as sought for.

            Hence, it is,

ORDERED

            That Complaint Case No. 214 of 2019 be and the same is allowed ex-parte against the OPs with costs.

            The complainant is entitled to get relief as prayed for.

OP No. 1 is hereby directed to pay the insured amount of Rs.7,00,000/- (Rupees seven lakh) only along with an interest at the rate of 8% p.a. from the date of starting of the dispute till the final realization in favour of Complainant within 30(thirty) days from the date of this order.

The OPs are further directed to pay Rs.50,000/- (Rupees twenty five thousand) only in favour of the complainant as compensation for harassment and also to pay Rs.5,000/- (Rupees five thousand) only as cost of proceeding within 30 (thirty) days from the date of this order.

            The complainant is at liberty to put the final order into execution after expiry of the appeal period.

            Supply the copies of the order to the parties, free of cost.

Dictated & Corrected by me

 (Mr. Sankar Kumar Ghosh)

President, DCDRC, Howrah