Case No. 194/2022   

IN THE MATTER OF

Sanjay Upadhya M/s Shree Sai Trading Company,10/109 Khair Road, Near J.P. Dhram Kante Wali Gali, Nada, Ram Nagar, Khair Road, District Aligarh Uttar Pradesh

                                                         V/s

1. New India Assurance Company Limited through its Manager, Centre Point, Gulzar Nagar, Civillines, Aligarh
2. M.D./C.E.O., New India Assurance Company Limited, 87 M.G. Road, Fort, Mumbai
3. Chairman, Insurance Regulartory and Development Authority of India, Gate no.3 Jeevan Tara Building , First Floor, Sansad Marg, New Delhi
4. S.K. Agrawal (Insurance Surveyor & loss Assessor of  New India Assurance Company Limited) 195 Police Street, Merrut Cantt. District Merrut                                                                                     

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay the amount of losses Rs.4200864 in the insurance with interest @18% per annum.
2. The Op be directed to pay compensation for harassment at Rs.500000
3. The op be directed to pay Litigation expenses Rs200000.

2. The Complainant has stated that he deals in confectionary under the name and style of M/s Sri Sai Trading Company Khair Road ,Nada Ramnagar District Aligarh for earning his livelihood. Complainant has a godown for keeping the confectionary items and electricity connection is installed in the of his wife. Op no.1 through its agent Ashok Kumar Johari persuaded the complainant to get insured the confectionary goods for burglary, earth quake, fire and STFI etc. Complainant believing the version of the agent as correct got insured  confectionary goods and items kept in godown at Rs. 3925000 by making premium Rs.8118. Op no.1 assigned the insurance policy- National Bharat Sookshma Udyam Surksha Policy on 14.6.2021 to 13.6.2022 policy no. is 3213001121000000150. Complainant also taken in another policy no. 32130046210100000116 for burglary covering the insurance sum Rs.3925000 for making payment premium Rs.6042. In the neight of 22/23 Sepetember,2021 there was outbreak of fire in the godown. The neighbor  Amar Sharma  intimated the complainant and informed the fire Station on 23.6.2021 Devesh gaur Sumit Kumar and Sripal witness the incident of fire . The fire personnel extinguished the fire and fire report was prepared at the Fire Station Banna Devi, Aligarh. Complainant informed the agent Ashok Kumar Johari about the incident and fire claim form was submitted with all papers. Complainant submitted the purchase bills- invoices and sale bills invoices with the claim form.  OP no.1 deputed Mr. S.K. Agrawal insurance Surveyor and loss assessor who made inspection on 26.9.2021. Complainant furnished all the papers sought by the surveyor. Op no.1 sent a letter dated 7.4.2022 repudiating the claim alleging it untrue and false and it was mentioned that the books of account were not reliable and the site of incident did not suggest the presence of any saleable stock in fact surveyor neither made any proper enquiry nor recorded statement of complainant for any of the witness. No investigator agency was appointed by the Op to ascertain truthfulness of the claim. Op no.1 blindly trusted the report of surveyor and failed to settle the claim which shows the negligence and deficiency on the part of the op.                         
3. Op no.1 and 2 stated in WS that independent surveyor Mr. S.K.Agrawal was appointed who examined the alleged incident. He asked the documents out of them some papers were made available but the ledger of the firm was not made available. Complainant submitted the stock registrar dated 29.1.2022 and electricity bill datedc9.2.2022 and the surveyor submitted the report on the basis of papers made available. Surveyor submitted in the report that the value of the stock at Rs. 392500 but the stock was not found truthful before out breaking the fire in the godown. The accounts of the firm made available were not found reliable. It was also found that there was no loss on account of out breaking the fire at the site. As per report of surveyor claim was declined on 7.4.2022.     
4.  Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has stated that he got insured the confectionary goods and items kept in godwon for Rs3925000.Complainant has mentioned the details of purchase bill invoices and sales invoices in the complainant. He has filed the electronic credit ledger of the period from 1.4.2021 to 22.9.2021 which shows that the complainant has paid the GST Rs.824855 i.e. 12% on the purchse value of goods which comes to Rs.6873791.67. It means that the goods of the value Rs.6873791 were available in the godown prior to 22/23.9.2021. It is the date  when there was outbreaking of fire in the godown.The out breaking of the fire in godown is supported with fire report no. UPFS/ FR 2022/2477/ALJ/82/CFO lodged  at the fire Station Banna Devi, Aligarh. Complainant has alleged that there were the goods of the value Rs.3925000 available in the godown at the time of out breaking the fire. Ops have declined the claim  placing reliance on the surveyor report which is not trustwrothy in view of aforesaid facts and circumstances of the case. It is therefore held that the claim for Rs.3925000 made by the complainant was wrongly declined and the complainant is entitled for the claim.        
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the op no.1 and 2 to indemnify the complainant for Rs.3925000 for the loss with pendente lite and future interest @12% per annum and to pay Rs.50000 as compensation for harassment with litigation expenses Rs.25000.
10.  Op no1 and 2 shall comply with the directions within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.