| Final Order / Judgement | STATE CONSUMER DISPUTE REDRESSAL COMMISSION BIHAR, PATNA Appeal No. 338 of 2018 1. The Managing Director, Cholamandalam MS General Insurance Co. Ltd, 2nd Floor, Dore House, N.S.C. Bose Road, Chennai- 600001 2. Sri Santosh Kumar, Circle Head, Bihar & Jharkhand, Cholamandalam MS General Insurance Co. Ltd. I.G. Complex, Third Floor, West Boring Canal Road, Opposite Lalita Hotel, Patna- 800001 through its Deputy Manager Claims (Legal) Abhijeet Mishra. … Appellants/ (Opposite Parties no. 1 & 2) Versus - Raj Kumar, Son of Mr. Gupteshwar Prasad Aggarwal, Resident of C/o- Mukesh, 2nd Floor, Alka Colony, Near Sandalpur, Kumhrar Gumpti, PS- Agamkuan, District- Patna, Proprietor of Suhani Sales.
- The Branch Manager, Central Bank of India, Chiryatand Branch, PS- Kankarbagh, District- Patna- 800020
…. Respondent 1st set/Complainant Counsel for the appellant: Adv. Rajesh Chandra Narayan Counsel for the Respondent: Adv. Vikash Mohan & Adv. Binod Bihari Sinha Before, Hon’ble Mr. Justice Sanjay Kumar, President Mr. Ram Prawesh Das, Member Dated 16.02.2023 As per Sanjay Kumar, President. O r d e r - Present appeal has been filed on behalf of appellant-O.P. no. 1 and 2 Cholamandalam Insurance company for setting aside the judgment and order dated 27.07.2018 passed by District Consumer Disputes Redressal Forum, Patna in Complaint case no. 383 of 2015 whereby and whereunder appellants have been directed to pay Rs. 4,00,000/- to the complainant within 2 months from the date of receipt of a copy of order failing which interest @10% p.a shall become payable and further Rs. 25,000/- has been directed to be paid as compensation for physical and mental harassment as well as cost of litigation.
- Briefly stated the facts of the case is that complainant is proprietor of Suhani Sales and is engaged in running business of stationary items with financial assistance of Central Bank of India which has provided loan of Rs. 12,00,000/- (twelve lacs) to the complainant and facility of cash credit to the complainant for smooth running of the business. All business transactions are carried out from C.C. Account.
- Complainant has a godown in which stock of stationary articles are stored and same has been insured by Cholamandalam Insurance company and the premium amount was paid by the complainant to the insurance company and insurance was renewed for the period 2013-2014.
- On 01.06.2014 due to short circuit fire broke in the godown at about 9:40 in the night and fire brigade was informed and fire tender reached at 9:50 pm and extinguished the fire. The fire brigade officer assessed the loss as Rs. 12,00,000/- (twelve lacs). Complainant informed the insurance company on 02.06.2014 about the fire incident and damaged caused to his godown and also lodged sanha in the police station on 03.06.2014.
- Insurance company appointed a surveyor namely Sri Santosh Kumar Sharma to assess the loss caused by fire in the godown of complainant who inspected the place of occurence on 05.06.2014 and demanded certain documents from the complainant. Surveyor also demanded report of fire brigade prepared by fire brigade officer.
- Compliant claimed Rs. 11,00,000/- as loss suffered due to fire, however, the insurance company rejected the claim on 07.01.2015 of complainant on the ground of submission of fake bill, aggrieved by which complainant filed complaint case before the District Consumer Forum, Patna for payment of Rs. 11 lacs as loss suffered in the fire incident and compensation for physical and mental harassment as well as cost of litigation.
- Notices were issued to opposite party no. 1, 2 and 3, however, inspite of valid service of notice opposite party no. 1 and 2 did not appear to contest the complaint case and only opposite party no. 3 appeared to contest the complaint case.
- The District Consumer Forum has held that no document has been produced by the complainant to prove the actual loss suffered due to fire. Complainant has placed on record fire brigade report dated 03.09.2014 in which loss assessed from fire was found to be Rs. 12,00,000/-. The investigator Umesh Kumar in his report dated 11.11.2014 has found that on verification from M/s Dilip Enterprises bill dated 26.04.2014 for Rs. 49,909/- and from M/s Standard Traders bill dated 03.04.2014 of Rs. 60,667/- and bill dated 28.04.2014 of Rs. 1,81,159/-, Total Rs. 2,41,826/- to be genuine and true. However bills of M/s Singh Stationary amounting to Rs. 10,33,169/- were found to be fake. However, complainant enclosed a letter issued by proprietor of Singh Stationary that complainant firm was doing business with him and bill submitted by complainant of Rs. 10,33,169/- of M/s Singh Stationary are genuine.
- It appears that only on the basis of investigator report that some of the bill submitted by complainant on verification were found to be false, the claim of complainant was repudiated. Some of the bills submitted by the complainant of Singh Stationary which were stated to be fake, however proprietor of Singh Stationary firm by a letter confirm that bills were genuine.
- Mr. Santosh Kumar Sharma was appointed surveyor by the insurance company who visited the godown to assess the loss but surveyor report was never placed on record by insurance company which is basis to assess the loss and settle the claim as such adverse inference can be drawn against insurance company.
- The incident of breaking of fire in the godown of complainant is not disputed and as per report of fire officer stationary worth Rs. 12,00,000/- were damaged in the fire and the investigator has also found that stocks of stationary kept in godown were damaged in fire. Surveyor report was not placed by the insurance company and only investigator report was placed. After considering all the facts and materials placed before it, the district Consumer Forum has assessed a modest loss of Rs. 4,00,000/- which does not appear to be exaggerated or on higher side.
- For the reasons as stated above this Commission is not inclined to interfere in the judgment and order passed by Ld. District Consumer Forum, Patna. Accordingly, this appeal is dismissed. However, the rate of interest is reduced from 10% per annum to 8% per annum.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President Md. Fariduzzama | |
