Date of filing : 19-03-2012
Date of order : 28 -11-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.69/2012
Dated this, the 28th day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
E.K.Abdulla, S/o. Ibrahim, } Complainant
R/at Chowki Kunnil,
Po.Kudlu, Kasaragod Taluk & Dist.
(Adv.K.Kumaran Nair, Kasaragod)
1. The Divisional Manager, } Opposite parties
United India Insurance Company Ltd,
2nd Floor, Tiger Hills,
Municipal Office Road, Kasaragod. 671121.
(Adv. C.Damodaran, Kasaragod)
2. The Branch Manager, North Malabar Gramin Bank,
Mogral Puthur Branch, Po.Mogral Puthur,
Kasaragod.Dt.
(Adv. M.Narayana Bhat, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant is running a copra drying unit at Chowki Kunnil, Kudlu. Complainant availed a loan facility from opposite party No.2 for setting up and running the said business. The said business activities including the entire stocks them are insured with opposite party No.1 against damages due to fire and allied perils through opposite party No.2.
2. The entire stock and trade in the aforesaid unit was destroyed due to accidental fire on 22-11-2011. The actual damages due to the fires is `1,50,000/- but the actual sum insured with opposite party No.1 is `1,43,000/-. But the claim made by the complainant is rejected on the ground that the drying process was already recommenced and that the drying process is not covered by the policy. Due to the negligent acts of opposite parties complainant has been put to great loss, mental agony and hardships. Hence the complaint for necessary redressal.
3. For opposite party No.1 Adv. C.Damodaran and for opposite party No.2, Adv. M. Narayana Bhat filed vakalth. According to opposite party No.1 the claim intimation was received only on 5-12-2011 and the claim form dated 8-12-2011 was received only on 16-12-2011. Claim form requires reporting to fire Brigade/ Police. Complainant has not intimated to either of them. It is the right of the insurer to visit the premises which caught fire and intimation after 13 days denied the opposite parties right to visit and assess the loss by deputing surveyor immediately as fire Brigade Office police and opposite parties are within 2 KM from the copra unit. The amount claimed under various heads is excessive and the complainant is not entitled for the same.
4. Complainant filed affidavit in lieu of Chief-examination. Exts A1 to A3 marked. Documents of opposite party No.1 marked as Exts B1 to B4 and documents of opposite party No.2 marked as Ext.B5.
5. The clear case of the complainant is that he was running a copra drying unit at Chowki Kunnil, Kudlu and complainant availed a loan facility from opposite party No.2 for setting up and running the said business. The aforesaid unit was destroyed by accidental fire on 22-11-2011. The claim form submitted by the complainant was rejected by opposite party No.1 on the ground that ‘the cause of fire is copra under smoke/heat drying process catching fire directly from the chambers from the coconut shells spread right below, resultant ignition and further spread of the fire sideways and upwards from the burning copra. If damages caused to the property insured by it’s undergoing any heating or drying process is exclusion under fire policy.
6. In Oriental Insurance Co. Ltd V Parvesh Chander Chadha Civil Appeal 6739/2010 Supreme court has held that the delay in lodging the claim was fatal and the insurance company could not be saddled with the liability to pay compensation to the insured had not complied with the terms of the policy. Therefore we are of the view that complainant is duty bound to inform opposite parties about the accidental fire in the copra drying unit soon after the incident. On account of the delayed intimation, the opposite parties was deprived of their legitimate right to get an enquiry conducted in to the destroyed copra drying unit. Hence we cannot attribute any deficiency in service on the part of opposite parties in repudiating the claim of the complainant.
In the result, complaint is dismissed with no order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.05-12-2011 letter issued by OP No.1 to complainant.
A2.Copy of claim form fore fire & applied perils submitted by the complainant.
A3. 23-04-2012 letter issued by OP No.1 to complainant for rejecting the claim.
B1.Shopkeepers Insurance policy
B2.Letter sent by NMG Bank to Manager, United India Insurance Co.Ltd, Kasaragod
B3. Claim form for fire& applied perils.
B4.First & Final report fire claim.
B5. 16-1-12 copy of letter issued by NMG Bank Mogral Puthur.
PW1.E.K.Abdulla.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
