Tamil Nadu

North Chennai

35/2013

M/s.Goyal Marble & Granite, rep. by its Managing Partner, Santhosh Goyal, - Complainant(s)

Versus

the Branch Manager, United India Insurance Co. Ltd, - Opp.Party(s)

M/s.K.Viswanath

29 Nov 2017

ORDER

 

                                                            Complaint presented on:  24.01.2013

                                                                Order pronounced on:  29.11.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 29^th  DAY OF NOVEBMER 2017

 

C.C.NO.35/2013

 

 

M/s.Goyal Marble & Granite,

Rep. by it Managing Partner,

Mr.Santhosh Goyal,

S/o. Late B.L.Goyal,

No.44, Letangs Road,

Purasaiwalkam,

Chennai – 600 084.

                                                                                    ….. Complainant

 

..Vs..

The Branch Manager,

M/s. The United India Insurance Company Limited,

Branch Office: - 010 303,

Purasaiwalkam,

No.21, Raja Annamalai Road,

Chennai  - 600 084.

.....Opposite Party

Date of complaint                                 : 18.02.2013

Counsel for Complainant                      : M/s. K.Viswanath, S.L.Sudarsanam

Counsel for Opposite Party                      : Mr.K.Krishnamurthy   

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite party to pay a sum of Rs.5,00,000/- together with interest @ 24% per annum towards compensation for damages with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is carrying on business in the field of Marble and Granite Stones by importing and exporting from and to various places in the name and style of M/s. Goyal Marble and Granite. He insured material with the opposite party herein under the Insurance Policy No:010303/11/07/13/00001331 dated 01.12.2007. The insurance policy covers any damage caused to their stock at their Yard. On 03.12.2007 when the lorry bearing No. TN 23 -AA - 1524 while reversing it, suddenly hit the lots of the marble slabs which was stocked in the yard and thereby caused huge damage to the said marbles. On 04.12.2007 an FIR was filed in respect of the said incident.

          2. The complainant made a claim to the opposite party and in respect of the same there were correspondences exchanged between them. The opposite party appointed surveyor to inspect and assess the damage. The complainant also provided details called by the surveyor. The opposite party has not chosen to process the claim.

          3. Hence the complainant sent a legal notice dated 01.08.2012 to provide a sum of Rs.5,00,000/- towards damages. The opposite party sent reply on 21.08.2012 stating that the claim has been already rejected on 22.11.2011. The action of the opposite party in rejecting the claim is arbitrary and total non-application of mind. Hence the complainant filed this complaint to direct the opposite party to pay a sum of Rs.5,00,000/- together with interest @ 24% per annum towards compensation for damages with cost of the complaint.        

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The complainant caused considerable delay in providing information/documents sought by the surveyor. As per the terms and conditions of the policy the complainant has to provide documents for processing the claim. The insured/complainant has not provided the documents pertaining to internal audit and account maintaining register. He has also not maintained proper accounts, stock register and records of movement of the vehicle in their premises.

          5. The complainant should protect the subrogation rights of this opposite party as per the policy terms and conditions, but admittedly the complainant has not protected the subrogation rights of this opposite party and hence the claim of the complainant was repudiated vide speaking order dated 22.11.2011,  and the same was duly acknowledged by the complainant. However, without justification the complainant issued a legal notice with false allegation that the complainant has not protected the subrogation rights of this opposite party and hence the claim becomes not payable. Hence the complaint has no merits and prays to dismiss the complaint with costs.

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

 

7. POINT NO :1 

          It is an admitted fact that the complainant is carrying on business in the field of Marble and Granite Stones by importing and exporting from and to various places in the name and style of M/s. Goyal Marble and Granite and he insured material with the opposite party herein under the Ex.A1 Insurance Policy No:010303/11/07/13/00001331 dated 01.12.2007 and the said policy covers  any damage caused to their stock at their Yard and on 03.12.2007 when the lorry bearing No. TN 23 - AA - 1524 while revising it, suddenly hit the lots of the marble slabs which was stocked in the yard and thereby caused huge damage to the said marbles. On the complaint, Ex.A2 FIR was registered on 04.12.2007 in respect of the said incident. After the incident, the opposite party appointed Mr.Swaminathan, Panel Investigator to enquire the incident and subsequently another investigator Mr.Selvaraj appointed in his place and Ex.A4 to Ex.A17 are the correspondences exchanged between them.

          8. The damage to the marble stocks of the complainant was damaged while reversing the lorry bearing No. TN 23 - AA- 1524 on 03.12.2007 and the same was intimated to the opposite party’s office on the same day and FIR was registered on the next day. However, the complainant has not chosen to make compensatory claim from the lorry owner in terms of the motor vehicle policy which covers third party property damage. For the same absolutely there is no explanation on the part of the complainant.

          9. The complainant chosen to claim based on Ex.A1 policy which was issued by the opposite party. The said policy was issued for the period 01.12.2007 to 30.11.2008 in favour of the IOB, Kilpauk, A/C Goyal Marbles & Granite (L. A/C.No. 2265). The incident was occurred during the period of policy is in force. However, the policy was issued only in favour of the IOB, Kilpauk which is the complainant banker, where he has his business account number 2265.

          10. The opposite party would contend in his written version that the complainant should have protected the subrogation rights of this opposite party as per the policy terms.  As the Ex.A1 policy stands in the name of IOB, Kilpauk for the period 01.12.2007 to 30.11.2008 issued by the opposite party,  the alleged accident took place on 03.12.2007 and  on that date, the policy stands in the name of IOB, the complainant's claim on the basis of  Ex.A6 to the opposite party was rejected on the ground no subrogation took place on behalf of the complainant.  Having, taken the policy in the name of IOB, Kilpauk, the complaint ought to have been filed only by the IOB and in the absence of the same  rejection order passed by the opposite party is sustainable and therefore,  it is held that the opposite party has not committed any deficiency in service.      

11. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 29^th day of November 2017.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 01.12.2007                   Policy No.010303/11/07                  

Ex.A2 dated 04.12.2007                   FIR copy in Crime No.1086/07

Ex.A3 dated 30.11.2007                   Invoice by Lucky Granite

Ex.A4 dated 20.12.2007                   Letter by Chartered Surveyor to the complainant

Ex.A5 dated 20.03.2008                   Letter by Chartered Surveyor to the complainant

Ex.A6 dated 23.02.2009                   Letter to opposite party by complainant

Ex.A7 dated 16.10.2009                   Letter by Insurance Surveyor to the complainant

Ex.A8 dated 12.11.2009                   Letter by Insurance Surveyor to the complainant

Ex.A9 dated 29.11.2009                   Letter by Insurance Surveyor to the complainant

Ex.A10 dated 08.01.2010                 Letter forwarded by opposite party to the

                                                    complainant about New Insurance Surveyor

                                                    Mr.Selvaraj appointment

 

Ex.A11 dated 21.01.2010                 Letter from Claims Investigator to the complainant

 

Ex.A12 dated 11.02.2010                 Letter from claims Investigator to the complainant

 

Ex.A13 dated 17.02.2010                 Letter from claims Investigator to the complainant

 

Ex.A14 dated 04.03.2010                 Letter from claims Investigator to the complainant

 

Ex.A15 dated 01.06.2010                 Letter from claims Investigator to the complainant

 

Ex.A16 dated 29.06.2010                 Letter sent by the complainant to claims

                                                    Investigator

 

Ex.A17 dated 19.03.2011                 Letter sent by the complainant to opposite party

                                                    and claims Investigator

 

Ex.A18 dated 22.11.2011                 Letter by opposite party to complainant

 

Ex.A19 dated 01.08.2012                 Notice sent by complainant’s counsel to opposite

                                                    party

 

Ex.A20 dated 21.08.2012                 Reply Notice by opposite party’s counsel to

                                                    complainant’s counsel

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                                …… NIL ……

 

 

 

MEMBER – I                                                               PRESIDENT