Haryana

StateCommission

CC/105/2014

Gopal Industries - Complainant(s)

Versus

OIC - Opp.Party(s)

09 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                Complaint No.105 of 2014

                                             Date of Institution: 07.10.2014

          Date of Decision: 09.12.2016

 

M/s Gopal Industries, Chita Mandir, Road, Yamuna Nagar through its Proprietor Maya Chauhan W/o Som Pal Chauhan.

…..Complainant

 

Versus

 

The Oriental Assurance Co. Ltd., Opp. Madhu Hotel, Jagadhri Road, Yamuna Nagar, through its Branch Manager.

          …..Opposite Party

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mr.Diwan Singh Chauhan, Member.                                      

For the parties:  Mr.Sushil Jain, Advocate counsel for the complainant.

                              Mr.D.C.Kumar, Advocate counsel for the opposite party.

 

O R D E R

R.K.BISHNOI, JUDICIAL MEMBER :-

          As per complainant, it is also doing job work for M/s Chauhan  Papers  Private  Limited.  It used to prepare all kinds of papers finished or unfinished, semi finished note books, registers, adhesive cloths, paper, ink, stationery or other similar products lying stored above godown M/s Chauhan Paper Pvt. Ltd. The above said stock was lying in the aforesaid premises and was insured by opposite party (O.P.) vide insurance policy No.261700/11/2011/366 valid from 14.09.2010 to 13.09.2011. loss  of  stock  was  insured  to  the  extent  of  Rs.150/-  lacs  and   plant  and  machinery  for  Rs.75/- lacs.   During  the  night of 04.11.2010 fire broke out in the premises and it suffered loss to the tune of Rs.30/- lacs.  Information was sent to insurance company immediately and Rajan  Sharda was appointed  as surveyor to assess the loss. He assessed loss to the tune of Rs.9,26,900/- vide report dated 12.03.2012, whereas the same was on the lower side. All the documents  were submitted to O.P., but, to no use. O.P be directed  to pay Rs.30/- lacs as of compensation alongwith interest @ 18% per annum besides compensation to the tune of Rs.Two lacs and litigation expenses to the tune of Rs.22,000/-.

2.      O.P. filed reply controverting averments qua entitlement and alleged that chauhan paper private ltd. was not covered by the insurance policy and it was not liable to pay compensation about any loss suffered by that company.  Insurance policy was taken by State Bank of India (SBI) Yamuna Nagar A/c M/s gopal Industries Village Gadhauli, Yamuna Nagar for the period 14.09.2010 to 13.09.2011 against the risk and allied perils. Loss to the tune of Rs.9,26,900/- was rightly assessed by the surveyor. 

3.      Arguments heard. File perused.

4.      Learned counsel for the O.P. vehemently argued that only Gopal Industries was covered by this insurance policy. Stock of Chauhan Papers was not covered/insured by this policy.  The compensation qua loss suffered by Chauhan Papers cannot be paid by insurance company and the complaint be dismissed.

5.      This arguments is of no avail. From the perusal of proposal form of insurance Ex.C-1 it is clear that stock of Chauhan Papers was also insured and this fact is specifically mentioned therein. For ready reference the relevant portion is reproduced as under:-

“…….The stock of Chauhan paper lying at gopal  Industries situated at Chilta Mandir Road  Vill. Godouri.”

          When Chauhan papers is specifically mentioned in this cover note it shows that stock of this  firm was also insured and in case of loss the O.P. was liable to pay the compensation qua the same. So insurance company is liable to pay loss suffered by Chauhan Papers as mentioned in survey report Ex.R-7. The complaint is allowed and the opposite party is directed to pay Rs.9,26,900/- to the complainant alongwith interest @ 9% from the date of complaint till realization. The complainant is also entitled for compensation of Rs.11,000/- for harassment and mental agony and Rs.5500/- as litigation expenses.

 

December 09th, 2016

Mr.Diwan Singh Chauhan Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.