Jharkhand

Bokaro

CC/37/2022

Santosh Swarnkar - Complainant(s)

Versus

The Branch Manager, Indian Overseas Bank - Opp.Party(s)

14 Jul 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-05-03-2022

Date of final hearing-14-07-2023

 Date of Order-14-07-2023

Case No. 37/2022

Santosh Swarnkar Prop. Of G.P. Enterprises,

 At- Machhali Patti P.O. and P.S.- Chas, District- Bokaro

                                      Vrs.

1.  The Branch Manager, Indian Overseas Bank,

Bokaro Steel City, Bye Pass Raod, Chas

District- Bokaro- 827013

2. The Branch Manager,

Universal Sompo General Insurance Co. Ltd.

2.  

Diversion Road, Doranda, Ranchi-834002

3. The Executive In charge,

Universal Sompo General Insurance Co. Ltd.

Unit No. 601/602, 6^th Floor, Reliable Tech Park,

Cloud City Compus, Gut No. 31, Mouje Elthan,

Thane Belapur Raod Airoli 400708

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:-

1. Complainant’s case in brief is that he is running business of cosmetic articles, biscuits etc. in the name of G.P. Enterprises, Machhali Patti, P.O. & P.S.- Chas, District- Bokaro (Jharkhand)  and during course of business he obtained loan from Indian Overseas Bank vide loan A/c No. 124633000000034 of Rs. 5,00,000/- and his business goods etc. have been  insured with Universal Sompo General Insurance Co. Ltd. vide policy No. 2939/59827635/01/800 for the sum insured Rs. 13,40,000/- covering any loss/damage due to fire, theft , robbery etc. in which bank (O.P. No.1) played as an intermediary body between the insurance co. and the policy holder and policy was valid from 08.05.2020 to 07.05.2021. Further case is that on 11.03.2021 at about 11:00 A.M. in the godown  of the complainant there was fire due to electric short circuit causing damage to the articles of the business kept in the godown  for which claim was submitted before the bank officials who obtained signature of the complainant on four blank papers and some other papers who assured that observer of the insurance company will see the godown and thereafter, payment towards loss will be made. But no payment was made, hence this case has been filed, with prayer to direct the O.Ps. to pay Rs. 6,70,000/- (Insured amount), compensation Rs. 3,30,000/- for various types of harassment and also to direct O.P. No.2 & 3 to pay the due loan amount to O.P. No.1 and O.P. No.1 be directed to realize the due loan amount from O.P. No.2 & 3.
2. O.P. No.1 Indian Overseas Bank appeared and has filed W.S. mentioning therein that complaint is not disclosing the cause of action of the case. It is admitted by the O.P. No.1 that complainant is running business as alleged and his business articles were insured with the O.P. No.2 & 3 in which bank has acted as facilitator, who is having no role in payment of compensation. This O.P. has not denied about the occurrence of fire in the godown of the complainant. Further reply is that bank officials and observer of the insurance co. have visited the place of occurrence and submitted their report to insurance co. and bank has made several correspondence with the insurance co. for early settlement of claim and insurance co. has replied vide letter dt. 03.09.2021 in respect to repudiation of the claim on ground of location mismatch. Further reply is that such embracing situation arise due to negligence of the complainant who has not informed the bank or insurance co. regarding the fact that  the godown also be added as part of their shop for insurance. Further reply is that whatever be the responsibility towards payment of claim is the responsibility of O.P. No.2 & 3 and this case is liable to be dismissed in respect to present O.P.
3. In spite of due service of notice O.P. No.2 & 3 have not appeared hence vide order dt. 22.10.2022 case is being proceeded ex-parte against these O.Ps.
4. Point for determination is that whether complainant is entitled to get relief as prayed?
5.  Complainant has filed photo copy of application dt. 11.03.2021 addressed to  the officer in-charge of Chas P.S. (Anneuxure-1). Annexure-2 is the photo copy of SHOPKEEPERS PACKAGE POLICY which is valid from 08.05.2020 to 07.05.2021 and covering the risk related to fire & allied perils building and/or contents for Rs. 6,70,000/- in respect to goods related to G.P. Enterprises. Annexure-3 is the photo copy of legal notice dt. 01.12.2021, Annexure-4 is photo copy of reply of legal notice dt. 01.12.2021 given by Universal Sompo General Insurance Co. Ltd.  At para 1 of that very reply of O.P. No.2 & 3  it is replied that “We are in receipt of the above referred notice, the contents of which are duly noted. We are in process of reviewing your claim. Your claim has been put up in front of  Management for consideration. We shall revert back to you with admissibility of the claim in due course of time”.
6. It is very much apparent from para 9 of the W.S. of O.P. No.1 that claim of the complainant has been repudiated by the Insurance Co. on the ground of location mismatch vide repudiation letter dt. 03.09.2021. At this place it is important to mention that vide annexure-4 i.e. the reply dt.. 21.12.2021 of the legal notice O.P. No.2 & 3 have intimated regarding the fact that claim of the complainant is being reviewed. Therefore, it is apparent that claim of the complainant has not been repudiated later on after 21.12.2021 as it is apparent from the pleadings of the parties as well as papers furnished by them. However, there is no direct material regarding burnt stock.
7. Complainant has examined only one witness namely Shambhu Rajak who has tried to prove the case of the complainant during examination in chief on affidavit and during cross- examination he had admitted the fact that the loan account of the complainant has became NPA and Certificate Case has also been filed for realization of the loan.
8. Since it is admitted fact of the O.P. No.2 & 3 that they are reviewing the claim of the complainant hence this case is being disposed off with direction to O.P. No.2 & 3 to pass order on the claim made by the complainant within 60 days from receipt/production of the copy of this order.

S/d

(J.P.N. Pandey)

                                                                                      President

 

S/d

(B.P.L Das)

   Sr. Member

                                                                            

          S/d   

                                                                               (Baby Kumari)

                                                                                       Member