This is a complaint Case U/S 12 of the consumer protection Act, 1986 with the prayer directing the O.P. to pay Rs 11,06,500/- as compensation in respect of the fire policy No- 313501/48/2010/753, to pay Rs 4,00,000/- as compensation for mental  pain,  agony and harassment, Rs 5000/- as litigation cost and other relief.

The complainant’s case in brief is that the complainant was purchased one Insurance policy vide No- 313501/48/2010/753 for the period from 24/09/2008 to 23/09/2009 under shopkeepers Insurance policy scheme and cover note No- 310000215173 dated 16/04/2009 with the O.P. The complainant was / is carrying business on service, sales on product of spare parts of Hero Honda Motor cycle at Kanki under Chakulia P.S. ,Dist Uttar Dinajpur. On 16/03/2009 at midnight 12-30 hrs. geographically it is 17/03/2009 suddenly caught fire in the showroom of the complainant, then with the help of the villagers and the fire brigade put off the fire but all the materials were destroyed. The complainant inform the matter to the Kanki Police station and also intimated the fire incident to the O.P. and Knocking the door of the O.P. on several occasions for compensation but the O.P. did not pay heed to the claim of the complainant. Finding no alternative the complainant was forced to come before this Forum.

The O.P. contested this case by filing written version denying the allegations stating inter alia that the complainant has no cause of action, the Insurance Policy was not covered on the date of incident, the O.P. is not liable to pay compensation and the case will be dismissed with cost.    

                                                        DECISIONS WITH REASONS

In support of his case the complainant has submitted original Insurance policy along with   endorsement schedule, photocopies of some documents and adduced oral evidence and also submitted written argument. The O.P. has submitted written version, addl. Written version, photo copy of duplicate Insurance policy and adduced oral evidence on their behalf.

We carefully perused the contents of the petition of complaint, documentary evidence on record, oral evidence adduced and argument advanced by the parties.

On scrutiny of the original Insurance policy in question of the complainant’s business it appears that the Insurance policy No- 313501/48/2010/753, cover note No – 310000215173,cover note date 16 Apr. 2009 are similar with the original and duplicate copy of Insurance policy but the period of Insurance coverage are different. It appears from the original Insurance policy there are two changes / rectification in the insurance policy i.e. one in column of insured’s name “BGVB Chakulia BR. A/C Sony Motors ” in place of “BGVB Kanki BR. A/C Sony Motors” another in column period of the Insurance from 24.09.08 to 23.09.09 has been replaced by deleting the date on 16.04.2009 to 15.04.2010 which was rectified by pen through and the digit of dates were written by the use of pen instead of typed digit and there is exist of official seal and signatures by the authorize signatory who also signed the issued Insurance policy. From the policy documents, oral evidence and written argument filed by the complainant it reveals that the period of Insurance coverage exists from 24.09.08 to 23.09.09 and from the addl. W.V and oral evidence of O.P.W it is clear that the Insurance premium was paid by the complainant through Insured Bank which was credited as per Bank advice dated 09.09.2008 and rectification branch name of the Insured bank and period of Insured coverage i.e. from 24.09.08 to 23.09.09 by pen through in place of 16.04.2009 to 15.04.2010 are made by the authorized person with office seal and signatures and all the signatures are identical .

We carefully perused the addl. Written version submitted by the O.P. where the O.P. has admitted the Insurance premium was credited to the company through Bank credit advice dt. 09.09.2008 but the policy was issued on 16.04.2009. Insurance policy was issued upon contractual agreement and when the O.P. had received the premium amount the contract was fulfilled between the complainant and the O.P. and on the basis of policy was issued and erroneously the period of Insurance was printed as on 16.04.2009 to 15.04.2010 instead of 24.09.08 to 23.09.09 and for that the O.P. has changed the dates for period of Insurance coverage subsequently. But the O.P. did not pay heed to change the dates of period of insurance on the duplicate copy. The O.P. stated in the addl. W.V that the premium of the Insurance was credited in favour of the O.P. on 09.09.2008 and Insurance policy was issued on 16.04.2009. The statement of the O.P. is not at all acceptable rather disbelievable. the O.P. could not established by way of adducing evidence or made any explanation why the policy was issued after seven months from the date of receipt of premium amount where this type of policy was/is valid only for one year. However, after the incident of fire of the complainant’s showroom the O.P. was investigated by their engaged investigator on the P.O. and the said investigator assessed the loss of complainant’s property of Rs 1,62,950/- after deduction as per rules of insurance Act.

In view of the discussions above we are of opinion that the O.P. was negligent and deficient in service on their part for settling the claim of the complainant as such the complainant is entitled to get an award of Rs 1,62,950/- for loss caused due to fire , Rs  10000/- for mental pain, agony and harassment and Rs 2000/- as litigation cost.                     

Fees  paid is correct.

Hence, it is

                                                                 ORDERED

that the complaint case being No. 96/2012 be and the same is allowed in part on contest against the O.P.  without cost.

Accordingly the complainant do get an award directing the O.P. to pay a sum of Rs 1,62,950/- (Rupees Sixty Two Thousand Nine Hundred Fifty) only for loss caused due to fire, Rs 10,000/- (Rupees Ten Thousand) only as compensation for mental pain, agony and harassment and Rs 2000/- as litigation cost, totaling to Rs 1,74,950/- (Rupees One Lakh Seventy Four Thousand Nine Hundred Fifty) only to the complainant within one month from this day failing which awarded total of Rs 1,74,950/- (Rupees One Lakh Seventy Four Thousand Nine Hundred Fifty) only will carry interest @ 8% p.a. from the date of filling of this complaint petition till the date of realization and the complainant will be at liberty to place this award in execution against the O.P. as per law. 

            Copy of this order be supplied to each parties of this case, free of cost.