BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case are that the complainant is the proprietor of “M/S Beauty Shoe House” situated at Alangiri Bazar Vill. & P.O. Alangiri P.S. Egra Dist. Purba Medinipur. The complainant by taking loan from State Bank of India, Alangiri Branch was running the said shoe shop. The Complainant took a fire Insurance for said shoe business and for the said shoe shop (Building) from the Opposite Party No. 1 being policy No. 031701/48/34/00000356 on and from 27.10.2014 to midnight 26.10.2015 for the shoe shop of Rs. 4,00,000/- including stock, furniture and Fixture and Fittings and for the (Building) shop of Rs. 1,00,000/-. Unfortunately on midnight of 14.03.2015 a fire was broke out in the said show shop and all the stocks and shoes and the show room and furniture fixture and Fittings and for the (Building) shop of Rs. 1,00,000/-. The local people have extinguished the said fire by pouring water. The complainant informed this incident to Egra P.S. on 14.03.2015 being GDE No. 700 dt. 14.03.2015. The Complainant informed this matter to the Opposite Party. The Complainant also informed the incident to the Manager of State Bank of India Alangiri Branch on 14.03.2015 and also other local authorities. The surveyor of the Opposite Party came for inspection. The complainant demanded the said insurance claim in the month of October, 2015 from the Opposite Parties, but he neither repudiated the claim nor paid the insurance for which the Complainant has been suffering from mental agony. After extinguish the said Fire some documents have been saved as half burnt condition. Though the Complainant filed all the relevant documents to the Opposite Party, yet he is demanding many documents. Thus the Opposite Parties have done deficiency in insurance service. Before this the Complainant filed a Consumer Case being No. 3/2018 before your honour against this Opposite Party and State Bank of India Alangiri Branch on 02.01.2018 praying for relief. The Ld. Forum has been pleased to allow the said case in favour of the Complainant on 29.06.2018 as “That Cc/03 of 2018 be and the same is allowed on contest in part against the O.P. No.1 and dismissed on contest against the O.P. No.2. The O.P. No.1 is directed to pay the Complainant a sum of Rs. 50,000/- as an interim relief within one month from the date of this order and after submission of all the relevant documents by the Complainant they would settle the claim as early as possible. In default to pay the interim relief within one month, the Complainant is given liberty to put this order into execution. Complainant is given liberty to file a fresh Complaint if the O.P. No.1 fails to settle the claim in spite of submission of the relevant documents and / or repudiation of the claim by the O.P. No.1 “. On the above sets of facts instant case has been filed for the following reliefs.
- To pay the said insurance claim of Rs. 5,00,000/- to the complainant with 10% interest from 14.03.2015 till realization.
- To pay a compensation of Rs. 1,00,000/- to the Complainant for mental agony by P.O. No.1 for deficiency in insurance service.
- To pay litigation cost of Rs. 10,000/- to the Complainant for conduct of this case.
- And to allow any other reliefs.
The op having received the notice has contested the case by filing written version wherien it has stated inter alia that the Claimant is not entitled to get any relief in this case. This O.P. issued the policy in favour of claimant subject to terms and condition of this policy. As per consumer case No. 03/2018 this O.P. paid Rs. 50,000/- to the claimant. As per direction this O.P. was ready to settle the disputes and called the petitioner with necessary effective documents. Petitioner did not furnish the stock register, sale register and purchase register of his business. The claimant furnished some bills for purchase of goods and by investigation it is found that some bill were false. Without stock register sale register and purchase register this O.P. was unable to estimate the actual loss by fire. This O.P. is ready to settle as per order after estimate the actual loss. The op has prayed for directing the petitioner to cooperate with the O.P. by producing the stock register sale register and purchase register and real bills of purchased good.
Points for determination are:
1. Is the case maintainable in its present form and in law? 2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
In view of order dated 29.06.2018 passed in Cc/03 of 2018 by this DCDRF and the bundle of facts of this case as averred in the complainant, the instant case is maintainable in its present form and in law.
With a view to arriving at just and proper decision the case record of CC/03 of 2018 has been called for perusal. We have gone through the materials on both the records. While disposing of the CC/03 of 2018 by this DCDRF observed “and after submission of all the relevant documents by the Complainant they would settle the claim as early as possible. In default to pay the interim relief within one month, the Complainant is given liberty to put this order into execution. Complainant is given liberty to file a fresh Complaint if the O.P. No.1 fails to settle the claim in spite of submission of the relevant documents and / or repudiation of the claim by the O.P. No.1 “ Accordingly, the complainant put forth fresh claim by submission of prescribed claim form and all documents which were filed previously before or at the time of filing Cc/03 of 2018 basing which Ops Surveyor caused investigation ; however with the said second claim dated 12.07.2018 after judgment of Cc/03 of 2018 dated 29.06.2018 the complainant filed some bills (annexure 1 to 19).Although Ops Surveyor caused investigation during the first claim yet the surveyor could not arrive at any concrete decision about the loss due to fire. After the second claim, the ops did conduct any surveyor investigation to verify the veracity of the annexure 4 to 19.They sat idle over the said second claim after interim order of this Forum. This tantamount to repudiation of the claim. The complainant produced the partly gutted stock register before the surveyor earlier also. The annexures support the stock dated 13.03.2015 on the night when fateful fire broke out. Had the op conducted surveyor inspection upon the second claim taking of the note of annexures the op might not have repudiated the claim wholly. If the value of the shoes found on stock as per register and average price of one pair of shoes are taken into account the total value would be (1125 nos x Rs. 200/-)=Rs.2,25,000/- and value of fixtures furniture is assessed at Rs.15,000/-. Total loss for burning of shoes and fixtures by fire is assessed at Rs.2,40,000/- .The complainant is entitled to compensation of Rs.7000/- and Rs.3,000/ as towards litigation costs. However, op will be entitled to deduct Rs.50,000/-which have already been paid as interim relief from the said amount.
Thus both the points are decided in favour of the complainant.
Thus case succeeds.
Hence, it is
O R D E R E D
That CC/05 of 2019 be and the same is allowed on contest against the OP.
The op is directed to pay Rs.1,90,000/- as value of gutted shoes and fixtures , Rs.7000/-as compensation and Rs.3,000/ as towards litigation costs within 45 days from the date of this order in default the said total amount of Rs2,00,000/- shall carry a simple interest @ 10% from the date of this order till the actual payment. The complainant will be at liberty to put the order into execution.
Let copy of the judgment be supplied to all the parties free of cost
