Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This is an appeal filed by org. complainant whose complaint was partly allowed by the District Forum directing the org. opponent/Insurance Company to pay a sum of `1,98,652/- towards insurance claim lodged and to pay interest @ 9% p.a. Not satisfied with the award passed by District Forum, South Mumbai in consumer complaint No.276/2008 decided on 29/06/2011, org. complainant has filed this appeal.
2. The facts to the extent material may be stated as under :-
Mr.Rajnikant S. Gandhi is the proprietor of complainant-firm- M/s.Mikikuki International. The firm is in the business of importing and selling marble tiles. He had stored his goods in Archana Kutir, ground floor, Vile Parle (West), Mumbai. He has taken Standard Fire and Special Perils policy for stock in trade and imported marbles tiles. Policy was in force from 21/11/2005 to 20/11/2006. In July 2006 in the first week there was heavy rain in the Mumbai and rain water and flood water had entered into the godown and said godown stock and imported marble tiles of the complainant-firm had soaked in water. Hence, insurance claim was lodged by the complainant. Opponent appointed Shri M.R. Shenvi, Chartered Engineer as Surveyor. Surveyor visited the site on 06/07/2006 & 11/07/2006 and submitted report. Complainant had claimed amount of `7,32,646/-, but Surveyor in his report found that most of the tiles were imported one and according to complainant, tiles were worth `12,88,462/- but complainant had not produced any evidence about exchange rate of Euro. His claim was for `54/- to `60/- per Euro. According to complainant in the godown water level was 5ft. from the ground and for four days tiles were in the water. The Surveyor held that for cleaning the tiles 2% expenses would be required. The Surveyor recommended that claim of `4,34,107/- should be awarded to the complainant. However, the Insurance Company awarded claim of `1,98,652/- after deducting `2,25,000/- towards salvage. The complainant did not accept the offer made by the Insurance Company towards full and final settlement of the claim. Hence, he filed consumer complaint.
3. Opponent/Insurance Company filed written version and denied all the allegations of the complainant. They however admitted that insurance cover was given by it to the stock in trade and imported tiles of the complainant and that complainant lodged insurance claim for the loss of imported goods or stock in trade kept in the godown because of heavy rain. They appointed Surveyor and Surveyor had recommended `4,34,107/-. However, Insurance Company pleaded that since they had offered amount of `1,98,652/- they were not guilty of deficiency in service and they were pleaded that complaint should be dismissed with costs.
4. However, District Forum agreeing with contention raised by the Insurance Company found that the amount offered was not accepted by the complainant. Therefore, it simply allowed the complaint partly and directed the Insurance Company to pay the said amount with interest @ 9% p.a. within a month. Aggrieved by inadequate compensation given in the award, org. complainant filed this appeal.
5. We heard Mr.Vipul Shukla, Advocate for the appellant and Ms.Kalpana Trivedi, Advocate for the respondent/Insurance Company.
6. We are finding that the award passed by the District Forum is appearing to be just and proper. In the flood there was total loss to the complainant. The imported tiles were high quality tiles. They were simply soaked in the flood water for four days. They could be washed out properly and could be used for business purpose of the appellant. Respondent/Insurance Company agreed with the Survey Report prepared by Surveyor-Mr.M.R. Shenvi. Insurance Company deducted amount of `2,25,000/- towards salvage. But in the course of arguments Learned Counsel for the appellant submitted that Surveyor has noted in his report that nobody has come forward to purchase salvage. Those were the days where all business establishments were affected by rain water and everybody was in distress and nobody was in a mood to do business and therefore, nobody came forward to purchase salvage. That does not mean that there was zero salvage. Respondent/Insurance Company has rightly assessed salvage amount of `2,25,000/- and deducted the same from total amount recommended by the Surveyor and offered remaining amount of `1,98,652/-. In our view, District Forum rightly passed the award for that amount with interest @ 9% p.a. The award passed by District Forum is appearing to be just, proper and we find no substance in the appeal preferred by the complainant. It is devoid of any merit. Hence, we pass the following order :-
-: ORDER :-
1. Appeal stands dismissed.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 17th September 2012
