BEFORE THE DISTRICT CONSUMER’S 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
Tuesday the 5th day of June, 2012
C.C.No.139/2011
Between:
M/s.Illuru Auto, Hardwares respresnted by its Proprietor Illuru Venkata Subbaiah,
D.No.25-426-B3, R.S. Road,Near the Municipality, Nandayal - 518 501,
Kurnool District (AP).
…Complainant
-Vs-
1. The Branch Manager The New India Assurance Limited,
D.No.25/692-B, Sri Rama Sai Enclave, 1st floor, T.T.D. Road, Srinivasa Nagar,Nandyal - 518 501.
2. The Divisional Manager, The New India Assurance Company Limited,
D.No. 40-526 1st floor, HDCT Complex, R.S. Road,Kurnool - 518 004.
....Opposite parties
This complaint is coming on this day for orders in the presence of Sri T.Naga Bhushana Naidu, Advocate for complainant and Smt. V.Nagalakshmi Devi, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member)
C.C. No. 139/2011
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 Praying:-
- To direct the opposite parties to pay Rs.2,46,895/- towards stock damages of the shop with interest at the rate of 24% from the date of incident i.e., 03-10-2009 till the date of realization;
- To grant a sum of Rs.20,000/- towards mental agony;
- To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is running the Auto Hardwares (Spare Parts) shop in the name and style of M/s Illuru Auto Hardware, D.No.25-426-B3, R.S. Road Near Municipal Office, Nandyal. He insured the shop along with stock with opposite party No.1 under the policy bearing No.611502/48/09/34/00000165 for a sum of Rs.4,00,000/-. The period of policy is from 09-07-2009 to 08-07-2010. On 03-10-2009 the complainant shop and godown were submerged in the flood water for five days and the entire stock was damaged. The complainant informed the same to opposite party No.1 and submitted claim form along with required documents. The opposite parties appointed a surveyor to estimate the loss and that the said surveyor not estimated the loss properly. The complainant sent letters dated 09-05-2011 and 09-06-2011 to opposite parties and requested them to settle the claim. Again on 05-08-2011 he got issued legal notice to the opposite parties. The opposite party No.1 has given reply notice on 10-08-2011 stating that the claim was closed as no claim. Though the complainant submitted all relevant documents regarding the stock as on the date of accident the opposite parties did not settle the claim amount. Due to the negligent act of opposite parties, the complainant suffered mental agony and financial loss. There is deficiency of service on the part of opposite parties. Hence the complaint.
3. Opposite party No.2 filed written version and the same is adopted by opposite party No.1. It is stated in the written version of opposite party No.2 that the complaint is not maintainable. The opposite parties admitted that the complainant took shop keeper insurance policy bearing No. 611502/48/09/34/00000165 for a sum of Rs.4,00,000/-. The period of policy is from 09-07-2009 to 08-07-2010. It is also admitted that the complainant informed about the loss and submitted his claim. The opposite parties appointed a surveyor by name Sri.P.Peddaiah to assess the loss and that the said surveyor inspected the premises and repeatedly asked the complainant through letters to furnish the required documents. The surveyor submitted his report to opposite party No.2. The opposite parties got issued notice dated 13-10-2010 to the complainant and demanded the required documents within seven days. The complainant did not respond. Hence on 19-11-2010 the opposite parties got issued notice to the complainant and informed that his claim is closed as no claim. There is no deficiency of service on the part of opposite parties. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to Ex.A13 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties Ex.B1 to Ex.B4 are marked and sworn affidavit of the opposite party No.2 is filed.
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly the complainant obtained the shop keeper insurance policy bearing No. 611502/48/09/34/00000165 under Ex.A3 = Ex.B1 from the opposite parties for a sum of Rs.4,00,000/-. The period of policy is from 09-07-2009 to 08-07-2010. The complainant filed Ex.A1 copy of the registration Certificate which stands in the name of the complainant. Admittedly on 03-10-2009 the shop of the complainant was submerged in flood water and informed the same to opposite parties, and that the opposite parties appointed a surveyor by name Sri.P.Peddaiah to assess the loss. The complainant in his sworn affidavit clearly stated that on 03-10-2009 his shop was submerged in flood water for five days and the stock was damaged. The complainant filed the certificate issued by Thasildar, Nandyal dated 21-12-2009. It is marked as Ex.A5. It is stated in Ex.A5 that the flood water was entered into the shop of the complainant D.No.25-426-B3, R.S. Road, Nandyal and the water stagnated for five days from 03-10-2009 to 07-10-2009. As seen from Ex.A5 it is clear that the shop of the complainant was submerged in to the flood water. It is the case of the complainant that the he submitted required documents to the surveyor at the time of inspection itself, that the complainant requested the opposite parties to settle the claim under Ex.A7 dated 09-05-2011 and under Ex.A9 dated 09-06-2011, that the opposite parties acknowledged the same under Ex.A8 and Ex.A10. It is further case of complainant that as the opposite parties did not settle the claim, he got issued legal notice under Ex.A11 dated 05-08-2011. The opposite parties has given reply (Ex.A13) date d 10-08-2011 by falsely alleging that the complainant has not submitted required documents and that the claim of the complainant is closed as no claim. The repudiation of claim by opposite parties is not just and proper. The learned counsel appearing for the complainant cited a decision reported in 2008 (3) ALT – 6 (CPA) or 2008 (2) SCJ – 820. The facts of the cited case are not applicable to present case on hand.
8. It is the case of the opposite parties that the complainant did not submit the required documents either to surveyor or to the opposite parties, though the surveyor repeatedly asked by addressing several letters dated 16-10-2009, 10-12-2009, 20-03-2010,10-10-2010 and 15-11-2010 (Ex.B3) to process the claim, that the said surveyor submitted the report assessing the net loss at Rs.18,050/-, it is marked as Ex.B2. Though the opposite parties got issued notice dated 13-10-2010 (Ex.B3) and demanded to submit the required documents within seven days the complainant did not comply with the said requirement. Hence the opposite parties close the claim of the complainant as no claim and informed the same to the complainant under Ex.B4 dated 19-11-2010. The learned counsel appearing for the opposite parties contended that a bunch of stock purchase bills (Ex.A6) photo copy of stock statement (Ex.A4) and the letter issued by auditor with statement of audit stock in godown (Ex.A2) are fictitious and created by the complainant subsequently, to gain wrongfully. Those documents were not submitted to surveyor or opposite parties. The surveyor is an independent surveyor. The surveyor inspected the premises and assessed the net loss at Rs.18,050/-. The complaint did not place satisfactory evidence to show that he sustained loss of Rs.2,46,895/-. We must give weight to the report of the surveyor. The surveyor assessed the loss at Rs.18,050/-. The complainant is entitled to the said amount. There is deficiency of service on the part of opposite parties in keeping the claim of the complainant pending for long time.
9. In the result, the complaint is partly allowed directing the opposite parties jointly and severally to pay an amount of Rs.18,050/- to the complainant with interest at 9% per annum from the date of repudiation i.e., 19-11-2010 till the date of realization along with cost of Rs.500/-.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 5th day of June, 2012.
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 Certificate of Registration dated 05-06-1998.
Ex.A2. Photo copy of Letter issued by Auditor to whom it may
concerned with statement of audit stock in the godown.
Ex.A3 Policy bearing No.611502/48/09/34/00000165.
Ex.A4 Photo copy of Stock statement.
Ex.A5 Photo copy of Certificate issued by Thasildar, Nandyal
dated 21-12-2009.
Ex.A6 Photo copy f A Bunch of Stock Purchase Bills (Nos.64).
Ex.A7 Photo copy of Requisition Letter dated 09-05-2011 by
complainant to opposite party No.1.
Ex.A8 Photo copy of Acknowledgement.
Ex.A9 Photo copy of Remainder – II Letter dated 09-06-2011
issued by complainant to opposite party No.1.
Ex.A10 Photo copy of Acknowledgement.
Ex.A11 Photo copy of Legal Notice dated 05-08-2011 issued by complainant Advocate to opposite party No.1.
Ex.A12 Photo copy of Acknowledgement.
Ex.A13 Office copy of Reply Notice dated 10-08-2011 issued by
opposite party No.1 Advocate to complainant Advocate
along with acknowledgement.
List of exhibits marked for the opposite parties:-
Ex.B1 Policy bearing No.611502/48/09/34/00000165 along
with terms and conditions.
Ex.B2 Photo copy of Flood Claim Survey Report of
Sri T.Peddaiah, Insurance Surveyor dated 17-11-2010 along
with photos.
Ex.B3 Photo copy of Survey Report of Sri T.Peddaiah,
Insurance Surveyor dated 16-10-2009 (Nos.7).
Ex.B4 Photo copy of Letter by opposite party No.1 to
complainant dated 19-11-2010.
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 :
