Jharkhand

Bokaro

CC/2/2021

Amit Kumar - Complainant(s)

Versus

The General Manager Universal Sompo General Insurance Co. Ltd. - Opp.Party(s)

Ajay Kumar

10 Feb 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-12-01-2021

Date of final hearing-10-02-2023

 Date of Order-10-02-2023

Case No. 2/2021

      Amit Kumar S/o Krishna Prasad

      R/o Bank More, Gomia, P.S.- I.E.L. Gomia, Bokaro, Jharkhand

Vs.

1. The General Manager

Universal Sompo General Insurance Co. Ltd.

Head Office 201-208, Ctystal Plaza Opposite Infinite Mall,

Link road Andheri West, Mumbai-400058

2. The Branch Manager,

Universal Sompo General Insruance Co. Ltd.

1.  

Diversion Road, Doranda, Ranchi

3. The Branch Manager

Allahabad Bank Now Indian Bank Gomia Branch, Bokaro

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. Complainant has filed this case with prayer for direction to O.Ps. to pay him Rs. 65,000/- on account of loss of articles of the grocery shop incurred due to flood/ inundation and compensation of Rs. 30,000/- and legal expense Rs. 20,000/-.
2. Complainant’s case in brief is that he is running a grocery shop situated near Gurudwara, Bank More, Gomia, Bokaro dealing with various type of food grain, soap, detergent, etc. Further case is that complainant was approached by the Allahabad Bank where he is maintaining account, for insurance policy, hence he obtained Shopkeeper’s Package Policy No. 2939/56565042/02/BOO on payment of Rs. 513/- as premium. Further case is that on 27.09.2019 due to heavy rain fall in the area the grocery shop of the complainant submerged with rain water causing damage to all grocery items due to inundation for which he submitted claim with the O.P. insurance co. Thereafter, surveyor was appointed by the O.P. No.1 & 2 to survey the matter who surveyed the spot and submitted report dt. 05.10.2019 inspite of it claim was not settled hence legal notice was issued having no impact, hence this case has been filed.
3. O.P. No. 1 & 2 appeared and they have filed W.S. mentioning therein that this O.P. immediately upon receipt of the information regarding damage of the stock of the complainant due to inundation appointed the surveyor who submitted report observing that loss is covered under the policy, however, assessed loss falls within the minimum excess deductible after applying suitable deductions. Facts mentioned at para 1,2,3 of the complaint have not been replied however, facts mentioned at para 4,5,6,7,8 of the complaint petition have been admitted only to the extent of the details as mentioned in the policy or survey report rest of the contents have been denied.
4. Point for consideration is whether complainant is entitled to get relief as claimed ?
5. Fact related to insurance coverage of the grocery items of the shop of the complainant is admitted fact of the O.P. No. 1 & 2. Fact related to damage of the grocery items of the insured shop of the complainant are also admitted facts. Complainant sustained loss due to inundation is also admitted fact of O.P. No 1 & 2. As per O.P. surveyor has considered underinsurance of 90.12% on the basis of verification of saved and damaged stocks during the survey, hence there is nil payable amount to the complainant.
6. On perusal of the photo copy of the survey report as well as photo copy of the letter  dt. 05.10.2019 of the insurance co. it is apparent that the damaged list of the items was related to Rs. 78,340/-, total closing stock was of Rs. 8,77,044/- value at risk was 6,57,783/- gross loss was 78,340/- however, net payable amount has been shown as nil. It is important to mention here that under which provision or under which terms and conditions of the policy O.P. Insurance Co. is saying that there is nil payable amount inspite of due survey related to damage/loss of the items of the shop which were covered under the policy. Therefore, we are of the view that denial of the claim of the complainant is not justifiable rather complainant is entitled to get relief as prayed. Accordingly this point is being decided in favour of the complainant and against the O.P. Insurance Co.
7. Accordingly prayer of the complainant is being allowed in the following manner:-

O.P. No.1& 2 (Universal Sompo General Insurance Co. Ltd.) are directed to pay Rs. 65,000/- to the complainant within 60 days from receipt/production of the copy of this order, failing which they shall pay interest @ 10% per annum from 12.01.2021 (i.e. the date on which complaint was filed). Further O.P. No. 1 & 2 are directed to pay Rs. 6000/- as compensation and Rs. 4000/- as litigation cost to the complainant within above mentioned period.

 

 

   (J.P.N. Pandey)

                                                                                      President

                                                                                               

 

 

                                                                               (Baby Kumari)

                                                                                                   Member