O r d e r

1. Present appeal has been filed by appellant/complainant for setting aside the judgment and order dated 28.07.2017 passed by learned District Consumer Forum, Madhubani in Consumer case no. 150 of 2013 whereby and whereunder the complaint case has been dismissed.
2. Briefly stated the facts of the case is that complainant took loan of Rs. 2,00,000/- under cash credit account from PNB Ganguar Branch on 22.11.2006 for his fertilizer shop and stock was insured by O.P. no. 1/United India Insurance Co. Ltd. and 300 bag DAP urea fertilizer kept in shop and godown were damaged in flood on 25.09.2011 worth Rs. 2,00,000/- to Rs. 2,50,000/-
3. Complainant informed about the loss to O.P. no. 2/Punjab National Bank and B.D.O, Harilakhi on 26.09.2011. Insurance company was also intimated. Claim form was duly filled and submitted on 28.11.2011 claiming compensation of Rs. 1,80,000/-.
4. It is further stated that Rs. 2,41,100/- was outstanding loan amount and complainant paid Rs. 63,000/- and remaining Rs. 1,80,000/- was to be paid by insurance company as insurance claim but same was not paid and PNB demanded payment of outstanding loan amount of Rs. 2,00,000/-, aggrieved by which complainant filed consumer complaint case for settlement of loan account and complainant be granted no dues certificate from the bank. Notices were issued to opposite parties.
5. Opposite party no. 2 /Punjab National Bank appeared and filed its written statement stating therein that loan of Rs. 2,00,000/- under Cash Credit Account was provided to complainant in the year 2006 but complainant defaulted in repayment of loan amount and complainant was requested to maintain the cash credit limit but complainant failed to do so.
6. Complainant informed in the year 2011 that three hundred bags of DAP urea was damaged due to flood water worth  Rs. 200,000/ to 2,50,000/-. Complainant however, applied insurance claim from Oriental Insurance Company instead of United Insurance Company after 15 days of the occurrence. Bank forwarded his insurance claim to United India Insurance Company.
7. Bank send a notice vide a registered letter for payment of outstanding dues and thereafter, send a pleader notice dated 24.04.2012 and case was also send to Rashtriya Lok Adalat but inspite of notice dated 02.11.2013 complainant did not appear.
8. Opposite party no. 1/United India Insurance Co. Ltd. inspite of valid service did not appear and case proceeded ex-parte against them.
9. The District Consumer Forum after hearing the parties and considering the evidences placed on record held that complainant has miserably failed to establish that insurance claim amount of Rs. 1,80,000/- was ever paid by the United Insurance Co. Ltd. (O.P. no. 1) in the loan account of PNB (O.P. no. 3) to adjust the outstanding loan amount of Rs. 2,41,000/- against complainant. Complainant has not filed any document in support of his contention that insurance claim amount has been paid by insurance company in the loan account of complainant maintained in PNB. Complainant has neither filed policy bond nor any receipt showing payment of premium amount. Complainant has also failed to establish any damage to the stock/fertilizer kept in shop and godown and no supporting documents to prove such loss has been submitted by complainant. The complainant has also not filed any stock register, bill, invoice of fertilizers to prove that on the date of occurrence 300 bags of fertilizers were kept in shop and godown and accordingly dismissed the complaint case aggrieved by which present appeal has been filed by the complainant before the State Commission.
10. Perused the order as impugned in this appeal as well as materials available on record.
11. O.P. no. 3/Punjab National Bank in their written arguments filed before this Commission have specifically stated sanctioning of loan for sum of Rs. 2,00,000/- on 22.11.2006 and same being disbursed in cash credit account of complainant. The shop was insured by United India Insurance Co. Ltd. in the relevant period for which premium was paid by Bank.
12. Complainant informed in the year of 2011 that 300 bags of DAP Urea was damaged due to flood. Complainant submitted claim form for insurance claim to Oriental Insurance Co. Ltd instead of insurer company United India Insurance Co. Ltd. However, Bank took initiative and after completing paraphernalia forwarded it to insurance company i.e United India Insurance Co. Ltd. for payment of insured amount to the complainant.
13. Complainant did not pay the loan dues and his cash credit account became NPA on 30.09.2011. The bank sealed the shop of complainant. NPA account  showed balance as Rs. 3,56,810/-.
14. Bank in its written argument have admitted that at the relevant time complainant had a valid insurance policy cover for which premium was paid by the Bank and after completing all the paraphernalia the claim for payment of compensation amount was send to United India Insurance Co.
15. Once insurance claim was submitted by the bank to insurance company it was incumbent upon insurance company to appoint a surveyor/investigator to assess the loss and investigate the claim and submit its report to insurance company and it was mandatory for insurance company to settle the claim either way within 6 months which they failed to do which amounts to gross deficiency in service by insurance company.
16. Inspite of valid service of notice insurance company did not appear before the District Consumer Forum. Insurance company although appeared here but inspite of being granted several opportunities did not file any written argument.
17. Once bank has admitted insurance coverage during said period and payment of premium amount to insurance company and also submission of claim form with all required document, non-settlement of claim amounts to gross deficiency in service by insurance company.
18. This commission deprecates and condemns the conduct of insurance company  not only in harassing and not settling the insurance claim of poor and helpless consumer but also showing disrespect to District consumer Forum by not appearing before it even after receiving the notice and further deliberately evading filing of written argument in order to not disclose its stand with respect to claim of complainant.  
19.  For the reasons as stated above the judgment and order dated 28.07.2017 passed by learned District Consumer Forum, Madhubani in Consumer case no. 150 of 2013 is set aside and complaint case is allowed.
20. The United India Insurance Co. Ltd. (respondent no. 1 & 2) are jointly and severally directed to pay Rs. 1,80,000/- the amount claimed by the complainant in his claim form for loss suffered by him with interest @8% per annum from the date of filing of complaint case. The United India Insurance Co. Ltd. (respondent no. 1 & 2) are jointly and severally further directed to pay a sum of Rs. 50,000/- as compensation for physical and mental harassment and pecuniary loss suffered by complainant as well as Rs. 10,000/- as cost of litigation within two months from the date of receipt/production of a copy of order passed by this Commission.
21. The appeal is allowed
22. A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act. Office is directed to send a copy of this order to the District Commission, Madhubani by E-mail forthwith and order to be uploaded on the website of the Commission.
23.    Let the file be consigned in the record room along with copy of this order.

 (Md. Shamim Akhtar)                                                                                                     (Sanjay Kumar,J)

       Member                                                                                                                         President

Md. Fariduzzama