Date of Filing : 23-11-2011
Date of Disposal : 30-07-2015
BEFORE THE DISTRICT CONSUMER FORUM, PRAKASAM DISTRICT AT ONGOLE.
PRESENT: SRI P.V. KRISHNA MURTHY, B.A., B.L PRESIDENT
SRI K. UMAMAHESWARA RAO, M.A., B.L., MEMBER
This the 30th day of July, 2015
C.C.NO.166/2011
BETWEEN:
Lokesh Enterprises
Rep by its Proprietor Dacherla Sreenivasa Rao,
S/o Rosaiah, aged about 42 years,
R/o. Ongole, D.No. 19-7-22 (B) Bandlamitta,
Ward No.24. … Complainant.
AND
The Divisional Manager,
The New India Assurance Co., Ltd.,
Nellore Bus stand, Ongole. … Opposite party.
This complaint under Sec.12 of the Consumer Protection Act, 1986 coming on 28-07-2015 for final hearing before us in the presence of Sri B.L.Narayana Rao, advocate for the complainant and Sri.V.Veerandra Babu, G.P., for the opposite party and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY SRI K.UMA MAHESWARA RAO, MEMEBR)
1. The breaf averments of the complainant as are fallows:-
The complainant is having fertilizers business and he running credit facility by hypothecating stocks with Union Bank of India, Ongole. The Union Bank of India insured the stock of the complainant with the opposite party during the period from 06.11.2009 to 05.11.2010, the complainant paid the premium.
Due to heavy rains in between 19/20.05.2010 water spread entire the godowns of the complainant and the stock of the complainant was damaged. The heavy rains were due to Lila Cyclone. The complainant sustained loss for more than Rs.30,00,000/-. The complainant informed the opposite party about the loss and produced necessary documents. The Branch Manager of the opposite party Bank inspected the location also. The surveyor prepared a report. The complainant received a cheque for Rs.7,36,618/- towards full and final insurance claim. The amount calculation of the opposite party is illegal. The survey report was not given to the complainant. The method of calculation of the opposite party is improper and in correct. The complainant got issued a legal notice. The complainant received the above amount under protest. Hence, the complaint for balance amount of the damaged to the goods, compensation and costs.
2. The breaf averments of the counter of opposite party are as fallows:-
The complainant submitted a letter on 21.05.2010 intimating the damaged to the godown accordingly surveyor was appointed to inspect the godown and filed a report by assessing the loss. After concluding the actual loss, the opposite party issued a cheque for Rs.7,36,618/- and towards full satisfaction and the complainant received the same on 15.03.2011. The complainant filed this case to gain unlawful after receiving the amount. Since, the matter was settled there is no cause of action for this complaint, there is no deficiency of service. Hence, the complaint may be dismissed.
6. Now the point for consideration is “whether the opposite party committed any deficiency of service”?
7. The complainant filed his affidavit and marked Exhibits A1 to A7. On behalf of the opposite party the Divisional Manager filed his affidavit and marked Exhibits B1 to B5.
8. POINT: The complainant counsel claimed that the opposite party has to pay an amount of Rs.19,00,000/- to the complainant towards the balance of damaged stock, but the opposite party paid only an amount of Rs.7,36,168/- towards damage of fertilizers stock out of stock worth of Rs.30,00,000/- alleged that the same as full and final settlement of the claim. The complainant also contends that the surveyor report and assessment of loss is also not in accordance with law.
In contra the opposite party counsel states that the complainant received an amount of Rs.7,36,168/- (Rupees Seven Lakhs Thirthy Six Thousand One Hundred and Sixty Eight only) from the opposite party on 15.03.2011 as full and final settlement of the claim and the same was endorsed on the back of Ex.B5. The opposite party further contends that the complainant has no cause of action to file the present complaint as per settled law.
On that aspect the opposite party cited a decision reported in C.P.R.1995 (2), Page No.417 (New Thread Equipments Vs. National Insurance Company Ltd., & Another) held that “Settlement of claim under Insurance Policy accepted by complainant in full and final settlement leaves no consumer dispute”.
As per the pleadings and evidence on record we can understand that the complainant received the said amount full and final settlement of the claim as per Ex.B5 document but not under protest as alleged by the complainant. In this case the complainant really have any grievance against the surveyor report and loss assessment, he might have filed the case before the appropriate forum for his redressal. Under C.P.Act the forums may adjudicate the matter in a summary manner and the scope of the jurisdiction is also very limited comparing with the civil courts. Accordingly the complainant fail to prove the deficiency in service on the part of opposite party. So, we answered the point against the complainant.
9. In the result, the complaint is dismissed, without costs.
Dictated to the Shorthand-writer, typed by her, corrected by me and pronounced in the open Forum this the 30th day of July, 2015.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR COMPLAINANT:
P.w.1: 29.06.2012 Lokesh Enterprises, Rep by its Proprietor Dacherla
Sreenivasa Rao, Ongole.
WITNESS EXAMINED FOR OPPOSITE PARTY:
R.w.1: 25.05.2012 K.Peddanna, S/o. Tirupataiah, aged 53 years, Divisional Manager,
The New India Assurance Company Limited, Ongole.
EXHIBITS MARKED FOR COMPLAINANT:
Ex.A1: 15.02.2011 Office copy of legal notice on behalf the complainant to opposite
parties.
Ex.A2: 22.05.2010 Xerox copy of Andhra jyothi daily news paper.
Ex.A3: 6 invoices issued by Sri Rama fertilizers ongole and 6 invoices
issued Kalangi Nageswara Rao.
Ex.A4: Vouchers issued by Rashtriya ispat nigam limited (in number 11)
Ex.A5: 22.05.2010 Photo graphs (in number 5)
Ex.A6: 27.01.2011 Letter addressed by the branch manager union bank of India.
Ex.A7: Original Policy No.6211/11/09/1100000678.
EXHIBITS MARKED FOR OPPOSITE PARTY:
Ex.B1: 21.05.2010 Letter of the complainant requesting for appointing surveyor.
Ex.B2: 28 photos taken by surveyor at the spot.
Ex.B3: 15.09.2010 Survey Report.
Ex.B4: Settlement Intimation Voucher signed by the complainant.
Ex.B5: 15.03.2011 Payment Voucher.
Sd/-
PRESIDENT
Copies to:
1. Complainant
2. Opposite party
Date when free copy was issued:
