In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 149/2010.
1) Hobb International Pvt. Ltd.,
1, Acharya Jagadish Chandra Bose Road,
4th Floor, Kolkata-20. ---------- Complainant
---Versus---
1) The Reliance General Insurance Co. Ltd.
Himalaya House, 38B, J.L. Nehru Road,
Kolkata-71, P.S. Shakespeare Sarani. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 28 Dated 16-07-2013.
The case of the complainant in short is that complainant has purchased for valuable consideration a “Burglary and House Breaking Insurance Policy” from the o.p. insurance company to cover its stock such as MS Rod, Flat, Zinc, GR Road, Tension Bar, M.S. Rod, CR Sheet, Non-allied Steel Rod, Barb, Burn Arm Bolt, etc. valued at Rs.12,500,000/-. Such stocks were covered at the factory-cum-godown, the period of insurance was for one year from 17.10.08 to 16.10.09.
Complainant states that during the night of 11th and 12th March 2009 while the factory was closed but under security surveillance a group of criminal somehow entered the factory premises scaling over the boundary wall at the back portion of the factory shade and then they broke open the gate of the store room made forceive entry in to the store room and thereafter stolen the following materials:
1. Zinc Bar – 750 Kg Approx.
2. Zinc Dross – 2850 Kg Approx.
3. Machine Bolt – 2800 Kg Approx.
The loss was approximately assessed at Rs.3.5 lacs to Rs.4 lacs.
On occurrence of such theft on 11-12.032001 the complainant by a letter dt.14.03.2009 informed the o.p. insurance company. Complainant insured also lodged an FIR on 14.3.09 with the local Sankrail P.S. Howrah.
O.p. insurance company appointed Kothari Surveyors & Investigators Pvt. Ltd. to survey / investigates the complainant, insured claim. The said surveyor by letter dt.10.4.09 made various quarries, demanding various documents.
In response to the aforesaid letter of the surveyor the complainant by their letter dt.23.4.09, submitted all the necessary documents and information to the surveyor in support of their claim. Complainant insured lodged a claim by a claim form dt.23.4.09.
The theft, burglary was investigated by the police authorities who submitted the ‘Final Police Report” dt.30.6.09.
The claimant by its letter dt.17.8.09 submitted the said original final investigation report of the police authorities to the surveyor who duly acknowledged receipt of the same.
The insurance company by their letter dt.1.11.09, interalia informed the complainant that Zinc Dross being “scrapped material” is not cover under the policy. Hence, the claim is not payable.
Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that during the night of 11th and 12th March 2009 while the factory was closed but under security surveillance a group of criminal somehow entered the factory premises scaling over the boundary wall at the back portion of the factory shade and then they broke open the gate of the store room made forceive entry in to the store room and thereafter stolen the following materials:
4. Zinc Bar – 750 Kg Approx.
5. Zinc Dross – 2850 Kg Approx.
6. Machine Bolt – 2800 Kg Approx.
The loss was approximately assessed at Rs.3.5 lacs to Rs.4 lacs.
We further find that in response to the letter of the surveyor the complainant by their letter dt.23.4.09, submitted all the necessary documents and information to the surveyor in support of their claim and complainant insured lodged a claim by a claim form dt.23.4.09. The theft, burglary was investigated by the police authorities who submitted the ‘Final Police Report” dt.30.6.09.
It is seen from the record that the claimant by its letter dt.17.8.09 submitted the said original final investigation report of the police authorities to the surveyor who duly acknowledged receipt of the same. It is also seen that the insurance company by their letter dt.1.11.09, interalia informed the complainant that Zinc Dross being “scrapped material” is not cover under the policy. Hence, the claim is not payable.
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.2,00,000/- (Rupees two lacs) only (non standard basis) towards the claim of the complainant and is further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
