Judgment passed by Sri Swades Ranjan Ray, President
This case has been filed by the complainant with a prayer for the reliefs against the OP Insurance co. for compensation of Rs. 10,00,000/- and other reliefs as made in the complaint petition.
The case of the complainant in short is that he is owner of the mobile shop namely M/S. Ayan Mobiles at Ganganarayanpur, PS Tamluk in the district of Purba Medinipore. He took a policy for insurance being No. OG -16-2422-4001-00001127 for the said mobile shop for a sum assured of Rs. 10,000,00/- for the period from 27.10.2015 to 26.10.2016. Unfortunately on 04.02.2016 at midnight 12.30 AM said mobile shop caught fire and all stock of mobile and accessories to the tune of Rs.15,50,000/-have been totally damaged . Fire brigade extinguished the said fire. Complainant informed the said matter to the Insurance co. OP in due time. Surveyor of the Op surveyed the incident on 05.02.2016. The complainant demanded the insured amount of Rs.10,000,00/- from the OP but by a letter dated 11.03.2016 the OP repudiated the same claim and denied to pay the said compensation. Hence, this complaint petition against the Op Insurance Co.
The OP appeared and contested the complaint case by filing written version and prayed for dismissal of the case on various grounds.
It is the specific case of the OP that the complainant approached the Op for a insurance policy for his mobile shop and after understanding all the terms and conditions, the complainant took the insurance from the OP being Standard Fire and Special Peril Policy being No. OG -16-2422-4001-00001127 for securing his mobile shop, subject to the terms and conditions. On 04.02.2016 when the shop was closed then at around 12.10 AM fire broke out in the closed shop. Local people saw the shop under fire, they called the Fire Brigade who doused the fire by 2 hours. Thereafter the complainant put the claim before them. The OP appointed their surveyor Mr.Swapan Kumar Sinhamahapatra to assess the alleged loss caused due to the fire. The surveyor reported there was gross violation of the terms and conditions of the insurance. So, they repudiated the claim.
The further case of the Op is that there were various terms and conditions of the insurance viz.
- The shop was found to be with CGI sheets roofs and not BCC as warranted in the policy.
- The electrical wiring in the shop were found not to be concealed or in conduit conditions as warranted in the policy.
- No FEA (fire extinguishing appliances) is seen installed in the premises at the time of the survey.
- No account records/stock records are maintained by the complainant and the same could not be submitted by him for verification of the surveyor.
The Op alleged that none of the above mentioned conditions was maintained by the complainant. The Op prays for dismissal of the complaint on the above grounds.
On the basis of the above pleadings of the parties the issued required consideration is whether the case is maintainable and whether the complainant is entitled to get the reliefs as prayed for.
Decision with Reasons.
Perused the complaint on affidavit and also the written version filed on affidavit. Seen the documents filed by the parties and also perused the questionnaires and reply thereto filed in record. Considered.
Heard the arguments advanced by both the parties.
I have perused the report of the surveyor who was appointed by the Op Insurance co. wherefrom it is found that there were some violation of the terms and conditions of the insurance on the part of the complainant. The complainant filed the accounts or number of mobile sets and other accessories which were allegedly gutted in the said fire.
The complainant has filed a zerox copy of statement of stocks before the United Bank of India dated 01.02.2016 which does not appear to be authentic one. It is also seen that the complainant informed the incident at the Tamluk Police station and one GDE No.234 dated 04.02.2016 was recorded. But no police investigation report or further proceeding thereof is found forthcoming before this Forum which proves that police did not take any any subsequent action relating to the incident.
The complainant nowhere challenged the report of the surveyor who reported violation of several terms and conditions of the insurance policy.
The ld. advocate for the complainant has referred a decision reported in 1(2015) CPJ 279 (NC) wherein Hon’ble National Commission awarded the complainant relying on the surveyor’s report. He also referred another decision reported in 2013(3) CPR 420 (NC). Perused the said decision but I find no relevancy of the decisions where surveyor’s report has been based in awarding the complainant.
In this instant case though surveyor’s report not in favour of the complainant but the Op did not dispute the incident of fire broke out in the mobile shop of the complainant. At the said fire the entire shop premises has been gutted and some mobile sets and other accessories in the shop might be damaged due to that fire which the OP Insurance co. cannot dispute nor did not dispute. Also in this respect this Forum holds that there is not any authentic accounting regarding the said stock at the relevant time of fire. The surveyor also reported of fire being broken in the shop room of the complainant. So for ends of justice I am of the view that the complainant may be compensated partly by the Op Insurance Co. Wherein it’s an admitted fact that shop room was damaged by fire and some mobile set and accessories were destroyed by fire.
Under such circumstances for the ends of justice the complaint case may be allowed in part which would be fit and proper to serve purpose of both sides.
Both the issues are decided accordingly.
Hence, it is ordered,
That the OP Insurance Co. is directed to pay Rs. 50,000/- to the complainant within one month from the date of this order along with litigation cost of Rs.1000/- I,d, the complainant will be at liberty to put this order in execution through the process of law as per C P Act 1986.
There will be no order as to compensation.
Let copy of the judgment be supplied to both the parties free of cost.
