- Sital Chandra Das,
Vill - South Bawali, P.O. Bawali,
P.S. Nodakhali, Budge Budge II,
Dist. 24 Parganas (South). ______ Complainant
____Versus____
- Tata AIG General Insurance Co. Ltd.,
Constantia Office Complex, 2nd Floor,
11, Dr. U.N. Brahmachari Street,
Kolkata-17, P.S. Shakespeare Sarani. ________ Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 17 Dated 28-01-2014.
The case of the complainant in short is that complainant had an insurance policy with o.p. bearing policy no.2200045822 for the period from 28.8.12 to 27.8.13 having insured sum of Rs.30 lakhs for his business in the name and style of Sital Chandra Das, Proprietor Orient Engineering Works situated at village South Bawali, P.O. Bawali, P.S. Nodakhali, South 24 Pgns.
Further case of the complainant is that on 14.9.12 his business house was heavily damaged and boundary wall got affected due to lightening and storm and complainant claimed Rs.17 lakhs from o.p. and o.p. sent a surveyor Mr. Prieira for inspection on 19.9.12 and the said surveyor reported that the damage was caused due to rain and on the basis of the said report of the surveyor the claim of the complainant was repudiated on the ground that the claim did not cover the policy condition, more precisely to say that the damage was not caused due to storm. Hence the case was filed by the complainant with a claim of Rs.19,18,588/- in all.
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. It is seen from the record that insurance coverage was for damage of the business building etc. of the complainant only caused by storm vide clause 6 of the letter dt.26.9.12 addressed to the complainant by o.p. and there is no whisper for making payment of damage caused due to rainfall. That apart, from the weather report issued by Regional Met Centre, Alipore dt.14.9.12 we find that rainfall from 08-30 hrs. of 14.9.12 to 08-30 hrs. IST of 15.9.12 there was rainfall of 008.1 mm and there is no whisper of storm on that day. It is not out of place to mention that Alipore is the District Head Quarter within which alleged incidence took place.
The estimate and/or quotation of damage of building and boundary wall etc. amounting to Rs.17 lakhs filed by complainant has been annexed as annexure dt.15.9.12 with the petition of complaint.
The estimate as has been annexed as aforesaid cannot be termed as a civil estimate since there is no calculation in respect of the item from which the amount has been derived as stated therein except some suo moto calculation.
On perusal of the entire materials on record and findings made above we find that such case cannot be entertained since there was no evidence of storm at all taking place on the date in question in the concerned area for which the insurance has been made besides the estimate as has been submitted by the complainant it cannot be termed as an estimate in true sense of the term for any estimate in respect of construction and/or maintenance of the civil work.
In view of the above position, we are constrained to hold that the repudiation by o.p. against the claim of the complainant is justified and we find no deficiency on the part of o.p. in doing so. On the contrary complainant has failed to substantiate and prove his case and is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.p.
