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Ranjan Kumar Sahu filed a consumer case on 26 Nov 2021 against Proprietor Universal Sompo General Insurance Co. Ltd., in the Rayagada Consumer Court. The case no is CC/135/2018 and the judgment uploaded on 30 Dec 2021.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RAYAGADA,
AT: KASTURI NAGAR, Ist. LANE, L.I.C. OFFICE BACK,PO/DIST: RAYAGADA, STATE: ODISHA, PIN NO.765001,.E-mail- dcdrfrgda@gmail.com
…
C.C.CASE NO.__135_______/2018 Date. 25.11. . 2021.
P R E S E N T .
Sri Gopal Krishna Rath, President.
Smt.Padmalaya Mishra,. Member
Sri Ranjan Kumar Sahu, S/O: Balaram Sahu, Behind Mangala Mandir, Deepti Convent School lane, Po/Dist : Rayagada. …Complainant.
Versus.
1.The Proprietor, Universal Sompo General Insurance Co. Ltd., Regd. Office, Unit No. 401, 4th. Floor, Sangam complex, 127, Andheri Kurla Road, Andheri (East), Mumbai- 400059.
2. The Branch Manager, Indian Overseas Bank, Main Branch, Rayagada. ….. Opposite parties.
For the Complainant:- Sri P.N.Dash, Advocate, Rayagada.
For the O.P. No.1 :- Sri K.N.Samantaray, Advocate,Jeypore.
For the O.P. No.2:- Set expare.
JUDGEMENT
The crux of the case is that the above named complainant alleging deficiency in service against afore mentioned O.Ps for non receipt of insurance claim bearing policy No.2939/56703786/00/000 Dt.23.11.2016 towards damage of Dhaba due to storm/flood for which the complainant sought for redressal of the grievances raised by the complainant.
On being noticed the O.P No.1 ( Insurance Co.) appeared through their learned counsel and filed written version and prays the Commission to dismiss the case for the best interest of justice.
Upon Notice, the O.P. No.2 (Bank) neither entering in to appear before the District commission nor filed their written version inspite of more than 25 adjournments has been given to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps . Observing lapses of around 3 years for which the objectives of the legislature of the C.P. Act, going to be destroyed to the prejudice of the interest of the complainant. Hence after hearing from the complainant set the case exparte against the O.P. The action of the O.P is against the principles of natural justice as envisaged in the C.P. Act. Hence the O.P. set exparte as the statutory period for filing of written version was over to close the case with in the time frame permitted by the C.P. Act,.
Heard the case and arguments from the learned counsel for the parties.. We perused the complaint petition, written version and the documents filed by both the parties.
This District Commission examined the entire material on record and given a thoughtful consideration to the arguments advanced before us by the parties touching the points both on the facts as well as on law.
FINDINGS..
Undisputedly the complainant had insured one kirana shop situated at Attada, Po: Sulabaha, GP: Kerada, Dist: Rayagada under Shopkeepers package policy vide policy No. 2939/56703786/00/000 valid from 19.11.2016 to 18.11.2017 under the intermediary Indian Overseas Bank Kerada Branch, Dist: : Rayagada for I.D.V (Insurance decleared value) Rs.5,00,000.00 after deposit of premium a sum of Rs.1,150/-. Undisputedly the said policy was endorsed on Dt. 15.2.2018 to the extent that the risk description under Section-I,II should be read as Dhaba(Restaurant) and the same was effective from 19.11.2016.
The main grievance of the complainant was that due to flood the insured Dhaba Hotel completely destroyed in between the policy period 19.11.2016 to 18.11.2017 and for that the complainant had claimed his damages before the insurance company with intimation to the bank and since the claim was repudiated the complainant has filed this case for recovery of his damage claim and compensation. Hence this C.C. case.
On perusal of the written version filed by the O.P. No.1 (Insurance company) it is revealed that the O.P. No.1 contended that due to non submission of the following documents the claim of the complainant is not yet settled.
On perusal of the documents it is revealed that despite several adjournments taken by the complainant for the purpose of filing relevant papers, the complainant failed to produce any documents in support of his claim. When material facts pleaded by the complainant in support of his claim have been denied by the O.P. the complainant is duty bound to substantiate his claim by producing relevant documents there fore, but he has failed to do so. On the basis of mere pleadings of the complainant, which is no evidence, no positive finding can be recorded in regard to his claim. Hence, we are constrained to hold that the petition made by the complainant vis-à-vis non satisfaction of his insurance claim is devoid of any merit.
In view of the above discussion, we have no hesitation in holding, that the complainant has miserably failed inter alia there is no iota of any cogent evidence filed by the complainant before the commission to prove its case, that he had made any correspondence to the O.P. No.1. Hence at present in this case no liability can be fastened by the complainant on the O.P. No.1 without documentary evidence.
In this back ground, we find no merit in this case to demand compensation to the O.P No.1 by the complainant in shape of C.C.petition U/S- 12 of the C.P. Act,1986.
On record it is concluded that the complainant miserably failed to establish his claim before the commission and hence the petition is liable to be dismissed against the O.P. No.1.
Further this Commission relied citation in the case of Suraj Mal Ram Niws Oil Mills (P )Ltd Vrs. United India Insurance Co. Ltd reported in (2010) 10 SCC 567 where in the Apex court observed “That the terms of the policy are in the nature of a contract and their interpretation has to be made in accordance with the strict construction of the contract. Thus, the words in an insurance contract must be given paramount importance and interpreted as expressed without any addition, deletion or substitution”.
To meet the ends of justice the following order is passed.
ORDER.
In resultant the petition filed by the complainant stands disposed of with no order as to cost and compensation.
However the complainant is at liberty if he feels that he had any claim then he can approach the O.P. No.1 (Insurance Co.) through the O.P.No.2(Bank) to get his genuine relief.
Dictated and corrected by me.
Pronounced on this 25th.day of November, 2021.
MEMBER PRESIDENT
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