Haryana

Ambala

CC/279/2015

M/s Modern Radios & Electric Store - Complainant(s)

Versus

New India Assurance Co. - Opp.Party(s)

Keshav Sharma

13 Oct 2017

ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                        Complaint No. 279 of 2015

                                                        Date of Instt:   28.09.2015.

                                                        Date of decision: 13.10.2017.

                                        

M/s Modern Radios & Electric Store, Bal Bhawan Chowk, Corporation Bank, Ambala City through its proprietor Mr.Narinder Singh.

 

                                                                        ...Complainant.

Versus

1. New India Assurance Company, Near A.P.Regency, OBC Building, Ist Floor, Police Line, Ambala City through its Branch Manager.
2. New India Assurance Company, 87 M.G. Road, Fort Mumbai-400001 through its Managing Director.

 

                                                                    …Opposite parties.

Complaint under section 12 of

BEFORE:  SH. DINA NATH ARORA, PRESIDENT.  

                MS. ANAMIKA GUPTA, MEMBER                 

                SH.PUSHPENDER KUMAR, MEMBER

 

Present: -  Sh. Keshav Sharma, Adv. for complainant.

                Sh. U.S.Mahi, Adv. for OPs.

 

ORDER

 

                        Brief facts of the present complaint are that the complainant firm deals in electronics items such as LCDs, LEDs, Fridge, ACs and other appliances for the last many years and it took insurance policy from OP No.2 for the last 25 years back and now the policy is valid from 26.10.2013 to 25.10.2014. In the intervening night of 08/09.03.2014 a burglary had taken place in the showroom of complainant and regarding this an FIR No.100 dated 09.03.2014 U/Sections 457/380 IPC was also registered. On intimation to the Ops, surveyor had visited the complainant where list for burglary items to the tune of Rs.9,13,792/- was handed-over to him besides other documents such as copy of news papers and FIR. Thereafter, the surveyor had assessed a loss to the tune of Rs.2,67,140/- which was transferred in the account of the complainant through RTGS on 10.11.2014 leaving the balance amount of Rs.7,13,792/-. Though the complainant had taken these goods on superdari from the court but all these items were badly damage. The complainant requested the OPs many a times for making the payment of balance amount and also got served legal notice upon the OPs but all fell on deaf ears. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C15.

2.                     On notice, OPs appeared and filed their joint reply wherein it has been submitted that there is no deficiency in service and unfair trade practice on behalf of the Ops. The claim against loss was efficiently, properly and legally dealt and an amount of Rs.2,67,140/- was  paid to the complainant as per terms and conditions of the policy. The complainant has not submitted untraced report issued by the court. The surveyor had assessed the loss to the tune of Rs.4,27,983/-  and was approved but out of this amount an amount of Rs.2,67,140/- was paid and Rs.1,60,843/- were assessed for the untraced stock which is unpaid for want of claim formalities and untraced report.  Other allegations made in the complaint have been controverted and prayer for dismissal of the claim has been made. In evidence, the OPs have tendered affidavits Annexure RX and Annexure RY besides document Annexure R1.

3.             We have heard learned counsels for the parties and gone through the case file very carefully.

4.             As per surveyor report Annexure R1 and affidavit Annexure RX filed by Sh.R.K.Bhola, Surveyor & Loss Assessor the loss to the tune of Rs.4,27,983/- on account of loss of 20 LEDs which were recovered from the accused and 7 LEDs were not recovered, therefore, the loss for these 7 LEDs was assessed at Rs.1,60,843/-. It is not disputed that the complainant has received an amount of Rs.2,67,140/- through RTGS on 10.1.2014 on account of loss of 20 LEDs. The surveyor has deducted the amount of Rs.3,56,476/- on account of the sale value of the 20 LEDs was found reduced. The surveyor had assessed the loss to the tune of Rs.4,27,983/- but it is strange that the surveyor had assessed the payable amount after deducting 50 % of total loss amount i.e. Rs.4,27,983/- despite the fact that the stolen LEDs were brand new and were unused and were lying with the complainant for sale purposes.

5.                     It is not disputed that the complainant had taken 20 LEDs on superdari vide order dated 23.05.2014 passed by learned Chief Judicial Magistrate, Ambala. The surveyor in his report Annexure R1 has mentioned that the 20 LEDs received by the complainant on supdari and 7 LEDs were untraced. The recovered LEDs were physically verified but these were found damaged due to mishandling and there were scratches on the panel. Power supply codes were also found damaged and some LEDs were found not working properly. The surveyor has also mentioned that these LEDs were to be repaired to make them saleable in the market. Repairing estimates of Sony Service Centre, Samsung Service Centre and Videocon Service Centre were also examined. The total estimates of Sony Services Samsung Service Centre, Sansui Service Centre and Videocon Service Centre were Rs.3,56,476/-. The sale value of the 20 LED was found reduced. The insured has claimed Rs.8,88,372/- for stock loss including the VAT. The VAT was not covered under the policy, therefore, same was disallowed.

6.                     The surveyor has clearly mentioned that amount of Rs.3,56,476/- were reduced as loss was assessed on the reduction of the value which is not justified despite the fact that the stolen LEDs were brand new and were unused and were lying with the complainant for sale purposes, therefore, the complainant is entitled only for Rs.3,56,476/- being deducted by the surveyor and Rs.1,60,843/- being loss assessed on account of 7 untraced LEDs. It is worthwhile to mention here that though the complainant had taken the 20 LEDs on superdari in a damaged condition without repairing/replacing the damaged part, therefore, the same are lying dump with the complainant and cannot be put for sale purposes. Hence, the complainant is entitled for Rs.3,56,476/- being wrongly deducted by the surveyor on account of reduction of the value of the 20 LEDs because for the said burglary and damages to the LEDs by accused person the complainant cannot be held liable and blamed. The complainant is also entitled for the amount of Rs.1,60,843/- being loss assessed on account of 7 untraced LEDs

7.                     Keeping in view the above discussion, we allow the present complaint with costs which is assessed at Rs.5,000/-. The OPs are further directed to comply with the following direction within thirty days of the receipt of copy of the order:-

1. To pay a sum of Rs. 3,56,476/- & Rs.1,60,843/-  to the complainant alongwith with simple interest @ 9% per annum from the date of filing of complaint till actual realization.

 

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

Announced on: 13.10.2017                                  (D.N. ARORA)

                                                                                 PRESIDENT

 

                                               

 

                                                               (PUSHPENDER KUMAR)

                                                                                 MEMBER

 

 

                                               

                                                                   (ANAMIKA GUPTA)

                                                                             MEMBER