Jitendra Kumar filed a consumer case on 05 Aug 2023 against The Branch Manager, Indian Bank in the Bokaro Consumer Court. The case no is CC/126/2022 and the judgment uploaded on 07 Aug 2023.
Jharkhand
Bokaro
CC/126/2022
Jitendra Kumar - Complainant(s)
Versus
The Branch Manager, Indian Bank - Opp.Party(s)
Ranjeet Giri
05 Aug 2023
ORDER
District Consumer Disputes Redressal Commission, Bokaro
Date of Filing-20-07-2022
Date of final hearing-05-08-2023
Date of Order-05-08-2023
Case No. 126/2022
Jitendra Kumar S/o Paremeshwar Sah,
R/o Bhojpur Colony, P.O.- Chas, P.S- Chas,
District- Bokaro, Jharkhand 827012
Vrs.
The Branch Manager, Indian Bank,
Sector-4 Branch, City Centre, Bokaro Steel City,
Jharkhand Pin 827004
The Branch Manager, United India Insurance Co. ltd.
A-17, Floor No.-2, City Center Sector-4,
Bokaro Steel City, Jharkhand Pin 827004
Present:-
Shri Jai Prakash Narayan Pandey, President
Shri Bhawani Prasad Lal Das, Sr.Member
Smt. Baby Kumari, Member
PER- J.P.N Pandey, President
-:Order:-
Complainant has filed this case with prayer to direct the O.Ps. to pay insurance amount Rs. 6,50,000/- with interest @ 18% from 05.11.2021 and also award Rs. 4,80,000/- @ Rs. 60,000/- per month business amount from 05.11.2021 till date and award Rs. 60,00,000/- as compensation.
Complainant’s case in brief is that he approached authority of Indian Bank for sanction of loan of Rs. 4,00,000/- on 07.03.2013 accordingly loan A/c No. 32928849283 was opened and total Rs. 3,47,500/- was disbursed in three installments, accordingly complainant started to run shop in the name of M/s Laxmi Trading Company and shop was insured under Shop Keeper Insurance Policy No. 2107012621P107613982 effective from 28.10.2021 to 27.10.2022. Further case is that there was incidence of fire in the shop of the complainant on 05.11.2021 due to it all items of the shop burnt and business of the complainant was stopped, due to it he came on the road. Further case is that on same day complainant approached O.P. No.2 for settlement of his claim who is harassing him and his genuine claim has not been settled. Hence there is deficiency in service by the O.Ps. and due to it complainant is unable to repay the loan amount and interest to the Bank and his shop has been closed since the date of incidence of fire. Further case is that all materials, register, relevant paper, sale-purchase bill are burnt during fire incidence and nothing has been left with him hence he is unable to produce sale-purchase bill etc. as being demanded by the O.P. No.2. Further case is that legal notice dt. 24.03.2022 was served on the O.Ps. having no impact hence this case has been filed with above mentioned prayer.
Record shows that inspite of due service of notice O.P. No.1 has not appeared hence case is being proceeded ex-parte against him.
O.P. No.2 (United India Insurance Co. Ltd.) appeared on 16.11.2022 by filing Vakalatnama at the stage of argument but he has not filed W.S. rather he has filed written notes of argument on 21.02.2023. In this way there is no W.S. or reply by any of the O.P.
Point for determination is whether complainant is entitled to get relief as prayed ?
Complainant has filed photo copy of the Insurance Policy which shows that stock of grocery items, fruits and vegetable items etc. of Rs. 6,50,000/- have been insured for fire and allied perils under the Shop Keepers Insurance Policy issued by O.P. No.2 in the name of M/s Laxmi Trading Co. occupied by the owner of the shop and said policy is effective from 28.10.2021 to 27.10.2022. This document and it’s contents are not under dispute.
Annexure-1 is photo copy of the application dt. 07.11.2021 addressed to O/c Chas P.S. regarding incidence of burning causing damage to the articles of the shop of the complainant. Annexure-2 is photo copy of application dt. 05.11.2021 addressed to O.P. No.2 regarding information related to incidence of fire in the shop of the complainant and said application has been dully received by the officials of the O.P. No.2. Annexure-3 is photo copy of application dt. 10.12.2021 written by the complainant to the Bank regarding the fact that due to occurrence of fire complainant suffered a lot hence under financial problem he could not start the shop and suddenly building owner has enhanced the rent hence under compelling facts he has vacated the shop and whenever he will open the shop intimation to the Bank will be given soon. Annexure-4,5,6 are photo copy of income tax return of the assessment year 2018-19, 2019-20 & 2020-21 in which income of the complainant has been shown more than Rs. 4,00,000/- per annum from the shop concerned. Annexure-7 is photo copy of the application dt. 23.02.2022 written by the complainant to the officials of the O.Ps. regarding early settlement of the claim. Annxure-9 are photo copy of the submission of stock of the complainant related to said shop to which he has submitted before the Bank concerned regularly.
As per complainant occurrence of burning of occurred on 05.11.2021 and just prior to it complainant has furnished the stock statement for the month of October 2021 and accordingly closing stock was for Rs. 6,49,200.95/-. In this way the stock having value of Rs. 6,49,200.95/- has been carried forward in the stock of the November 2021 when occurrence of fire was occurred.
On careful perusal of Annexure-9 series it is very much clear that complainant has furnished the statement of stock before the O.P. No.1 in respect to closing stock of the month of October 2021 which comes to the tune of Rs. 6,49,200.95. Contrary to it there is no other evidence by the O.Ps. It is important to mention here that at the time of insurance it was legal obligation/ duty of the O.P. No.2 to verify the stock and its value before issuance of insurance policy. Therefore, it will be presumed that after verification of the stock of the shop concerned insurance policy for the articles of the shop has been issued having value of Rs. 6,50,000/-.
Ld. Counsel for the O.P. No.2 has objected the prayer on the ground that the claim is not in accordance with bank transactions of the complainant and complainant has not declared the correct stock, rather it is manipulated and claimed stock is not matching with the available stock at the time of survey. He has enclosed the photo copy of surveyor’s report. On perusal of surveyor’s report and photograph of effected premises it is disclosing the fact that there was occurrence of burning in the shop concerned and its stock was badly burnt. Surveyor has not given value of the damaged stock in his report and on this score his report is vague not disclosing specific value and other things.
In light of above discussion, we are of the view that the fact related to running of shop by the complainant, incidence of burning on 05.11.2021 causing damage to the stock of the shop and insurance of the articles of the shop to the tune of Rs. 6,50,000/- are admitted facts. From Annexure-9 complainant has well proved the fact that the stock of Rs. 6,50,000/- was available at the time of occurrence of fire and it has been burnt for which claim has not been settled by the O.P. No.2. Further we are of the view that the settlement of claim of the complainant is being delayed by the O.P. No.2 on hyper technical grounds by demanding the papers which have been burnt during the occurrence of fire.
In the result, we are of the opinion that complainant is able to prove his case for grant of relief and there is deficiency in service by the O.P. No.2.
Accordingly prayer of the complainant is being allowed in
the following manner:-
O.P. No.2 (United India Insurance Co. Ltd.) is directed to pay Rs. 6,50,000/- (the insured amount) to the complainant within 60 days from receipt/production of copy of this order, failing which this O.P. No.2 will pay interest on said amount @ 10% per annum from 20.07.2022 (the date on which case was filed). Further O.P. No.2 is directed to pay Rs. 25,000/- as compensation to the complainant within above mentioned period.
(J.P.N. Pandey)
President
(B.P.L Das)
Sr. Member
(Baby Kumari)
Member
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