West Bengal

Bankura

CC/65/2018

Sri Biswarup Patra - Complainant(s)

Versus

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

Pradip Kr. Patra

11 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 65/2018

        Date of Filing: 27-09-2018

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Ld. Advocate Pradip  Patra

For the O.P.1, 2, 3 : Ld. Advocate Prabir Banerjee  and

For O.P.4: Ld. Advocate Asim Kr. Mondal

                                                                                                                                                                   

Complainant

Sri Biswarup Patra, s/o Shyamsundar Patra, Proprietor of Sambhunath Medical Stores, Araldihi, Indpur, Bankura

Opposite Party                                                                                                                                                                                                                                            

1.Manager (Claim), SBI General Ins. Co. Ltd., Apeejay House, 15 Park Street, Kol- 700 016

2. Manager (Claim), SBI General Ins. Co. Ltd., Gandhi More, City Centre, Durgapur, Dist. Burdwan

3.Managing Director and Chief Executive Officer, SBI Gen. Ins., Natraj, 101, 201 & 301, Junction of Western Express Highway and Andheri Kurla Road, Andheri (East), Mumbai- 400069

4.Manager, SBI Araldihi Branch, Bankura                                                                                                                                                                                                                                                                                                                                                                                                                                                            

FINAL ORDER / JUDGEMENT  

Order No.46

Dated:11-12-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he runs a medical shop under the name and style Shambhunath Medical Stores having insured the stock of the medicine under the Insurance Policy issued by O.P./Insurance Co. Policy No. being 6297098 with sum assured Rs.10 Lakh for the period from 24/04/2017 to 23/04/2018 by hypothecating the stock of the medicine business to the O.P.4/Bank in Cash Credit A/c No.11856426772.  On the night of 18/09/2017 around 3 a.m. said hypothecated stock inside the shop caught fire and was completely damaged and destroyed and the loss of medicine was estimated at Rs.11,38,633/- and the fire incident was reported to the concerned fire station, Bankura vide fire service report dated: 21/09/2017 and also to the concerned Indpur P.S. being GDE No.659/17, dt.18/09/2017 and also to the O.P./Insurance Co. in due time. But the claim was settled by the O.P./Insurance Co. at Rs.2,34,688/- which was credited to the C.C. A/c of the Complainant. Being dissatisfied with the claim settlement the Complainant has approached this Commission for appropriate relief.

                                                                                                                                                                                  Contd……p/2

                                                                                                  Page: 2

O.P./Insurance Co. contested the case  by filing a written version contending inter alia that according to Surveyor’s report the loss was estimated at Rs.2,34,688/- which was accordingly paid to the Complainant to his C.C. A/c. of the Complainant and the Complainant is not therefore entitled to get further relief in this case.

O.P.4/SBI also filed a written version corroborating the case of the Complainant.

                                                                                   -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds no hypothecated stock statement for the relevant period on record but the Cash Credit limit has been raised to Rs.5 Lakh for the relevant period by the O.P.4/Bank Authority and the sum assured value of stock as appearing from the Policy document is    Rs.10 Lakh for the relevant period. According to the fire service report dated:21/09/2017 it is clear that all medicines along with valuable papers and other articles were fully damaged due to such fire incident.

Considering the Cash Credit limit and the sum assured value of the stock of medicine the Commission on its own best judgement assessment fixes the loss and damage of the medicine stock of the Complainant at the relevant point of time to the tune of Rs.7 Lakh without being influenced by the Surveyor’s report.    

Accordingly it is ordered……..

That the case be and the same is allowed on contest in part but without cost.

O.P. /Insurance Co. is directed to pay to the Complainant Rs.7 Lakh minus  Rs.2,34,688/- already paid as compensation for the damaged medicines within one month from this date in default the law will take its own course.

Both parties be supplied copy of this order free of cost.

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER