Sri. M.C. Devakumar, Member

1. The complainant Sri Govindaraju, the Proprietor of M/s Chiranth Wooden Packaging Industry has filed this complaint under Section 12 of the C.P. Act, 1986 against the opposite parties alleging deficiency in service and seeking a direction to pay a sum of Rs.12,15,000/- with feature interest in addition to the stock assessed by the surveyor or in the alternate as per survey report with such other reliefs.
2. Brief Fact of the case:

The complainant has taken an SME package policy for his wooden packaging industry from the Ops since 05.02.2017 to 04.02.2018 and periodically renewed the policies by paying premium amount through his bank account.On 03.01.2019 due to short circuit, the entire industry was blazed to fire and the entire plant and machineries and stock kept in the industry destroyed. Thereby the complainant made the claim as reported by the Ops surveyor, on denial the aggrieved complainant has filed this complaint.

3. The OP1 admitting the insurance policy submit that they have offered a sum of Rs.5,26,414/- under the policy and they have requested the complainant to issue the discharge voucher and other documents in support of the claim settlement. But the complainant has not come forward to accept the offered amount. It also submit that under the 2 policies namely SME insurance package policy the complainant got insured stock for Rs.7,00,000/-and Rs.1,42,000/-. Accordingly the surveyor has reported the loss of the stock and later to the machinery which works out to a total sum of Rs.5,26,414/-. Hence prays for dismissal of the complaint.
4. The OP 2 denied the allegation and submits that they were deducting the amount from complainant’s bank account as per instructions towards the policies and hence prays for dismissal of the complaint against them.       
5. The Complainant has filed his affidavit evidence by way of examination in chief with several documents.
6. The OP 1 & 2 have also filed their affidavit evidence by way of examination in chief same were taken as RW-1 with several documents and RW-2 respectively. 
7. Written arguments of OP2 was filed.
8. On perusal of the material documents on record and the arguments advanced the matter is set down for orders.  
9. The following points arose for our consideration.

1. Whether the complainant establishes the deficiency in service by the Ops in not settling the claim made in the SME package policy?

2.   What order?

10.  Our findings on the aforesaid point is as follows:

                    Point No.1: Partly in the affirmative.

                   Point No.2: As per final order for the following

REASONS

11. Point No.1:- The complainant had obtained the SME package insurance policy bearing No.8507120 and 9123123 valid for the period 4.02.2018 to 03.02.2019 and 22.05.2018 to 21.05.2019 respectively for a sum of Rs.1,42,000/- and Rs.7,00,000/- towards stocks only and the same were in force on the date of the accident. The surveyor has assessed the loss suffered by the complainant with respect to the plant and machineries and also stocks and submitted a report to the Ops.
12. Based on the policy terms and conditions the OP1 has offered a sum of Rs.5,26,414/- as settlement which was not accepted by the complainant.
13. The final liability of the insurer was assessed by the surveyor under the policy for the sum assured and arrived at Rs.4,45,828/- and Rs.74,828/- Accordingly, the OP1 has arrived at the value considering the policy terms and conditions. Thereby this commission is of the opinion that complainant is entitled for aforesaid amount under policy. As such the point No.1 is answered partly in the “Affirmative”.     
14.  Point No.2:- Considering the above discussions on Point No.1, the complaint filed by Sri Govindaraju, Proprietor of M/s Chiranth Wooden Packaging Factory is hereby allowed in part. Hence the following:

:: ORDER ::

1. The complaint is allowed in part.
2. The OP1 is hereby directed to pay Rs.4,45,828/-

And Rs.74,828/- to the complainant within 30

days of this order.

3. No order as to costs.
4. Furnish the copy of this order to the parties, at free of cost

(Dictated to the Stenographer transcribed, typed by her, transcript corrected

by us and then pronounced in open court on this the 26^th  October, 2021)