BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 7th day of July, 2011
C.C.No.157/2010
Between:
C.H.Ravi Kumar, S/o C.Ramakrishna Rao,
H.No.46-1-L-J-57, Lakshmi Gardens, Joharapuram Road, Kurnool,
Presently working as Administrative Officer (Legal) In Oriental Insurance Company, At Thirupathi.
…Complainant
-Vs-
1. The Branch Manager State Bank of India,Treasury Branch, Collectorate Campus,
H.No.30-42, Kurnool-518 002.
2. National Insurance Company by itsSenior Branch Manager,
40/343 A 1st Floor, Tula Complex,Gandhi Nagar, Kurnool-518 001.
…OPPOSITE PARTies
This complaint is coming on this day for orders in the presence of Sri. C.Nagendranath, Advocate, for complainant, opposite party No.1 called absent and Sri K.Muralidhar, Advocate for opposite party No.2 for upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No.157/10
1. This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the opposite parties:-
- To pay an amount of Rs.2,75,000/- to the complainant with interest @ 24% per annum;
(b) To grant a sum of Rs.50,000/- towards mental agony;
(c) To grant a sum of Rs.5,000/- towards the cost of the complaint;
And
- To grant such other relief as the Hon’ble Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant purchased the house bearing No.46-1-L-J-57, Lakshmi Gardens, Kurnool by obtaining loan from opposite party No.1 Bank. Opposite party No.1 insured the said house with opposite party No.2 under the policy bearing No.551001/11/06/3100000038. The said policy is in force from 26-05-2006 to 25-05-2016. The house is insured for Rs.10,00,000/-. On 02-10-2009 the house of the complainant was submerged in the flood water. The complainant spent a sum of Rs.3,00,000/- for cleaning, white washing and repairs. The complainant informed about the damage caused to opposite party No.2. Opposite party No.2 appointed a surveyor to assess the loss. The surveyor assessed the loss at Rs.77,000/-. But opposite party No.2 refused to settle the claim stating that there is no physical loss or damage to the building insured under the policy. The complainant gave a legal notice to the opposite parties. Both the parties received the notices. Opposite party No.2 gave a reply denying liability. Hence the complaint.
3. Opposite party No.1 set exparte. Opposite party No.2 filed written version stating that the complaint is not maintainable. After receiving the intimation about the damage to the house of the complainant a surveyor by name Mr.B.P.K.Reddy was appointed to assess the loss. There was no physical loss or damage to building insured under the policy. Hence the claim of the complainant was closed. For legal notice got issued by the complainant, opposite party No.2 gave a reply notice. The estimation of the loss of Rs.2,75,000/- by the complainant is false. There is no deficiency of service on the part of opposite party No.2. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A9 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party No.2 Ex.B1 to B7 are marked and sworn affidavit of the opposite party No.2 is filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Party No.2?
- Whether the complainant is entitled to the reliefs as prayed for?
- To what relief?
7. POINT No.1:- Admittedly the complainant purchased the house bearing No.46-1-L-J-57 Lakshmi Gardens Kurnool by obtaining loan from opposite party No.1 Bank. Opposite party No.1 bank insured the said house of the complainant with opposite party No.2 under the Ex.B1 policy bearing No.551001/11/06/3100000038. The period of the policy is from 26-05-2006 to 25-05-2016. It is the case of the complainant that his house was submerged in the flood water on 02-10-2009 and he sustained loss of Rs.2,75,000/-. Ex.B2 is the Certificate issued by the Tahsildar Kurnool where in it is mentioned that that house of the complainant was badly affected with flood water on 02-10-2009. Admittedly opposite party No.2 appointed a surveyor by name Mr.B.P.K.Reddy who filed his report Ex.A4. In the said report it is mentioned that the house of the complainant was partly damaged due to flood water.
8. The complainant filed the present complaint claiming damages of Rs.2,75,000/-. Except the affidavit evidence of the complainant there is no independent evidence on record to show that the complainant spent an amount of Rs.2,75,000/- for cleaning, washing and repairs of the building. The surveyor appointed by opposite party No.2 filed his report Ex.A4. The surveyor assessed the net loss at Rs.77,098/-. Opposite party No.2 did not pay the said amount to the complainant on the ground that there is no physical loss or damage to the building insured under the policy. Opposite party No.2 filed Ex.B1 insurance policy where in it is mentioned that the policy covers the damage caused to the property due to flood or inundation. The complainant house was damaged and he spent money for cleaning and repairing the house. The contention of the opposite party No.2 that it is not liable to pay compensation to the complainant as there was no physical damage to the property cannot be accepted. The complainant filed Ex.A9 receipts to show that he incurred Rs.2,75,000/- for repairs ect. The complainant did not choose to file the affidavits of the persons who issued Ex.A9 receipts. The final surveyor assessed the loss sustained by the complainant at Rs.77,098/-. The refusal of opposite party No.2 to pay the said amount to the complainant amounts to deficiency of service. The complainant is entitled for Rs.77,098/-.
9. In the result, the complaint is partly allowed directing the opposite party No.2 insurance company to pay an amount of Rs.77,098/- to the complainant with interest at 9% per annum from the date of repudiation of the claim i.e., 10-03-2010 till the date of payment along with cost of Rs.500/-. The complaint against opposite party No.1 is dismissed.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 7th day of July, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 National Insurance Company Limited Established -1906.
Ex.A2. Photo copy of insurance policy No.552002/11/06/3100000038.
Ex.A3 Photo copy of Fire Claim Form dated 29-10-2009.
Ex.A4 Surveyor report dated 22-01-2010 of B.P.K.Reddy
along with photos.
Ex.A5 Photo copy of legal dated 17-03-2010.
Ex.A6 Postal Acknowledgements (2).
Ex.A7 Reply notice issued by the opposite party No.2
dated 25-03-2010.
Ex.A8 Photo copy of Certificate issued by Tasildar Kurnool Mandal
dated 30-10-2009.
Ex.A9 Receipts (No. in 9).
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of insurance policy No.551001/11/06/3100000038 along with terms and conditions.
Ex.B2 Photo copy of Certificate issued by Tasildar Kurnool Mandal
dated 30-10-2009.
Ex.B3 Photo copy of Surveyor report dated 22-01-2010 of
B.P.K.Reddy.
Ex.B4 Photo copy of letter issued by Op.No.2 to Complainant dated 10-03-2010.
Ex.B5 Photo copy of legal notice dated 17-03-2010.
Ex.B6 Photo copy of Postal Acknowledgements.
Ex.B7 Photo copy of Reply notice dated 25-03-2010.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
