IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/147/2019
Date of Filing: Date of Admission: Date of Disposal:
21.10.2019 05.11.2019 18.08.2023
Complainant: M/S MAA USHA RICE MILL,
Vill- Talai, Raghunathganj, Dist- Murshidabad,
Pin- 742225 represented by one of the partners
Partha Dhar S/O Late Pronobesh Dhar,
Vill- Baganbari, P.O.+ P.S.-Raghunathganj,
Dist-Murshidabad.
PIN-742225
-Vs-
Opposite Party: 1. The Branch Manager,
New India Assurance Co. Ltd. At Kachari Road
P.O. & P.S.- Katwa, Dist-Burdwan, Pin-713130
2. The Branch Manager,
Bhadra Insurance Surveyors and Loss Assessors
Pvt. Ltd at 58/79 A, Prince Anwar Shah Road
Kolkata-700045
3. Prantik Chowdhury Senior Branch Manager,
New India Assurance Co. Ltd. Kachari Road,
P.O. + P.S.-Katwa, Dist-East Burdwan, Pin-713130
4. The Branch Manager,
New India Assurance Co. Ltd.
S.S. Sen Road, P.O.+P.S.-Berhampore,
Dist-Murshidabad, Pin-742101.
Agent/Advocate for the Complainant : Sambarta Mukherjee
Agent/Advocate for the O.P. : None
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
Sri. Nityananda Roy…………………………………….Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, member.
This is a complaint under section 12 of the CP Act, 1986.
One M/S MAA USHA RICE MILL (here in after referred to as the Complainant) filed the case against The Branch Manager, New India Assurance Co. Ltd. At Kachari Road and Ors. (here in after referred to as the O.P.s) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant being the partnership firm runs a rice mill since 2009 and various kinds of paddy production has been made like Miniket, Swarna etc. in the said rice mill and the partners of the said firm are self employed in their own business. Every year the said firm made insurance of the rice mill stating the stock of rice mill for finished and unfinished produced and packing materials etc. and on the occasion Complainant made the same insurance before the O.P. Insurance Company and the validity of the said policy was 27.06.2017 to 26.06.2018 and the sum insured was Rs. 1,50,00,000/-. On 16.08.2017 due to heavy rain the stock of the paddy was fallen under the water and it became totally damaged and it is found that 900 sacks Miniket amounting of Rs. 7,78,750/- (900 x 45kg x 17.50) and 1650 sacks swarna amounting to Rs. 12,67,200/- (1650 x 48kg x Rs. 16) are totally damaged. Thereafter, the Complainant informed the said matter to the O.P. and the O.P. appointed a Surveyor on 18.08.2017 for investigation. But till date the O.P. has not settled the claim of the Complainant though the required papers were supplied to them.
Defence Case
After due service of the notices the O.P.s did not appear to controvert the plea of the complainant. So, the case is preceded ex-parte against the O.Ps.
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Have the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
Undoubtedly the complainant as a partnership firms is holder of the Standard Fire & Special Perils Policy with the new India Assurance Co. Ltd. for a period from 27.06.2017(07:13:54 P.M.) to 26.06.2018 (11:59:59 P.M.). As per the petition of complaint on 16.08.2017 due to heavy rain the stock of paddy was totally damaged and the amount of damage was 900 Sacks Muniket amounting of Rs. 7,08,750/- (900 x45kg x 17.50) and 1650 sacks Swarna amounting to Rs. 12,67,200/- (1650 x 48kg x Rs.16). On getting information the O.P. appointed a surveyor on 18.08.2017 but till date no surveyor report has been submitted.
Considering the facts and circumstances of the case and the documents filed by the Complainant we find that the Complainant has not produced any surveyor report of his own to assess the loss due to rain. It is not possible for the Commission to calculate the loss considering the stock of the Complainant and the amount of damaged rice due to heavy rain. So, in the absence of the surveyor report this Commission is declined to pass any order and the Complainant is not entitled to get any relief.
Reasons for delay
The Case was filed on 21.10.2019 and admitted on 05.11.2019. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/147/2019 be and the same is dismissed ex-parte against the O.P.s but under the circumstances without any order as to costs.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member President.
