That the complainant owns a retail shop- cum- go down of fertilizers and pesticides under the name and style of M/s Maa Kali Krishi Bhandar which is situated within the jurisdiction of this Ld. Commission and  this is the  only source of income from which  the complainant leads his livelihood. That the complainant took a policy from Bajaj Allianz General Insurance Co. Ltd vide policy No. OG – 19-2414-4008-00000494 valid from 21/12/2018 to 20/12/2019.

That on 29-09-2019 due to heavy rainfall almost all the stocks of fertilizers and pesticides got damaged and for which the complainant filed a claim application of Rs. 5,64,975/- ( Rupees Five Lakhs Sixty Four Thousand Nine Hundred Seventy Five Only ) vide claim No. OC-20-2404-4008-00000011 dated 10/10/2019 before the O. P No 2 and the claim was duly received by the opposite parties.   

That the complainant deposited all the required documents asked by the opposite parties.

That on 16/12/2019 the opposite parties emailed the settlement voucher of the complainant with some documents from which it is clear that the opposite parties is/was ready to pay Rs. 1,45,914/-  ( Rupees one lakh forty five thousand nine hundred fourteen only ).

That on 11/ 01/ 2020 the complainant through his advocate sent a legal notice to the opposite parties for disbursement of the claim amount within a period of fifteen days but the opposite parties did not pay any heed to that concern instead sent a letter to the complainant on 06/02/2020 repudiating the claim of the complainant and concluded the claim as “No claim”.

That the complainant came before this commission for claim amount of Rs. 5,64,975/- and Rs. 2,00,000/-  for mental agony, harassment and financial loss and injury and unfair trade practice.

OP appeared and contested the case and filed WV.

OP stated that at the time of alleged incident of damage shop cum godown of fertilizers owned by the petitioner does not possess any valid and effective license for carrying any fertilizer business from the competent authority of Govt. Of West Bengal and without obtaining any such license as per terms and conditions of the Insurance Policy, the opposite parties Insurance Company shall be exonerated from any liability.    

They stated that the petition of the petitioner including the claim form furnished by the petitioner did not disclose the exact details of damage articles rather the petitioner disclose that the incident was happened inside his shop cum godown which mixed up with different sorts of shadow of doubts with a malafied intention for gaining unlawful gain of public money.

That this opposite parties after due verification the actual loss of damage assessed by their authorised spot surveyor and agreed to pay the assessed loss and send the settlement voucher for final settlement subject to produce the stock and sales register. But the petitioner did not get back any response or signed any voucher. Thus these opposite parties have no reasons for any deficiency in service and accordingly the allege cause for brought this case is liable to be rejected.  

That the complainant is passing his days with great difficulties as he used to lead his livelihood from the income of the said retail shop-cum-go down he has no other source income.

That since the date of claim application the opposites parties are not making any disbursement of claim of the complainant. The complainant requested several time to the opposite parties but in vain. Then complainant came before this commission to get relief.

This commission carefully perused the complainant and evidence in writing by the complainant and also perused the documents of insurance policy. This commission also perused W. N. A. by both the parties.

Now admitted portion though having properly summoned to the OPs, they appear before this commission to establish their fairness.

Consequently on perusal of documents such as policy schedule, claim application, settlement voucher, advocate notice, repudiation letter, tax invoice dated 10.07.2019 and 27.04.2019, IT return of the F.Y 2018 – 19, 2019-20, GST registration certificate, GST. R 3B financial year 2019- 20, 2020- 21, 2021 -22, 2022-23, License of complainant which is issued by Agriculture Department of Government of West Bengal and relying on evidence of testimony of complainant and submitted documents this commission has no alternative but to hold that there is deficiency in service on the part of OPs and complainant thereby is entitled to get relief as asked for on moderate manner.

HENCE ORDERED,

that the OPs are directed to pay Rs. 5,64,975/- jointly or severally to the complainant. In addition to that the complainant is entitled to get Rs.15,000/- as compensation for harassment, mental agony and suffering caused by the OPs and also Rs.5,000/- as litigation cost within 45 days from the date of this order.

Complainant is at liberty to file an execution if not complied the final order of this Commission by the OPs as per provision of Consumer Protection Act’ 2019.

Let a copy of this order be supplied to the parties free of cost.