Order by:

Sh.Mohinder Singh Brar, Member

1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that complainant has been availing the insurance policy from the Opposite Party since, 2018-19 with continuity. Lastly the complainant availed the policy of Opposite Party bearing no.36110011218000000013 w.e.f. 09.05.2021 to 08.05.2022 and risk coverage under the said policy is Rs.45,00,000/- against loss of Solar Penal system. Alleged that during the policy coverage some panels of solar plant installed in the factory premises of complainant got damaged due to bad climates on 29.08.2021. Complainant’ company gave due intimation about the same to Opposite Party, vide intimation letter dated 02.09.2021 and requested the opposite party to depute surveyor for assessing the loss and do the needful. The estimate of loss of Rs.7/-lac was given to Opposite Party alongwith said intimation letter. Alleged that to the utter surprise of the complainant, opposite party vide e-mail communication dated 10.05.2022 informed the complainant. to the effect that they have instructed their Bank to release payment of Rs.64,800/- towards settlement of the claim. Thereafter vide letter dated 12.05.2022, the complainant gave its disagreement and protest with the opposite party for allowing less claim for Rs.64,800/- against the claim of Rs.5, 13,800/-. On oral inquiry, the office of opposite party informed that the reason of less settlement of Rs.64,800/- instead of actual claim of Rs.5,13,800/- is because of (less) insurance coverage and the opposite party  wrongly assumed that insurance is for entire machinery whereas sum insured of Rs.45/- lakh was pertaining to solar system only. On this the complainant’ company again by mailing a registered letter dated 26.07.2022 brought into the notice of opposite party that the insurance policy in question i.e. policy No.36110011218000000013 effective from 09.05.2021 to 08.05.2022 is the renewal of previous policy No.36110011200100000030 effective from 09.05.2020 to 08.05.2021 and sum insured for solar panels remains the same in both these policies. The complainant company had always been taking insurance cover specifically for Solar panels only and opposite party had been insuring solar system only against machinery section/column. Opposite party was called upon to review the already settlement of claim and resettle the same in view of machinery sum insured for panels only and pay the full claim of Rs.5,13,800/- as per billing of repair of solar panels. Another letter dated 10.11.2022 was also mailed to opposite party demanding resettlement of claim and pay claim of Rs.5,13,800/-. Alleged further that when the complainant company pointed out discrepancy in the insurance policy in question, the opposite party (Insurance Company) vide endorsement dated: 15.06.2021 clarified that risk coverage in the sum insured of Rs. 45/-lakh is for solar panels only. Alleged further that the complainant’ company is entitled to the claim of full amount of Rs.5,13,800/- and the Opposite Party is liable to make payment of the full claim of Rs.5,13,800/- less Rs.64,800/- already credited in the bank account of the complainant company. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Party may be directed to pay the amount of Rs.5,13,800/- (less Rs.64,800/- already credited in the account of the complainant’ company. 

b)      To pay interest @ 18% p.a. w.e.f date of lodging of claim till realization.

c)       To pay an amount of Rs.1,00,000/- as compensation on account of mental tension and harassment as well cost of the present complaint.

d)      And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Opposite Party appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that there is no deficiency in service or negligence as alleged on the part of answering respondent. The complainant has lodged the claim in respect of the damage to solar panels due bad climates on 29.08.2021 and immediately on receipt of the claim it was duly registered entertained and processed. Mr. Charanjit Garg, Surveyor & Loss Assessor was deputed for survey and assessment of the loss, who personally visited at the premises of the complainant, collected documents, clicked photographs and thereafter submitted his survey report dated 14.01.2022 along with documents and he assessed the total loss of Rs.64.904/- subject to terms and conditions of the policy and without prejudice. After receipt of the Survey Report dated 14.01.2022 alongwith documents, the claim file of the complainant was duly scrutinized by the competent authority of the Opposite Party and it was found that an amount of Rs.64,800/- is payable as per terms and conditions of the policy and accordingly the respondent paid the said amount of Rs.64,800/- to the complainant as full and final settlement. The complainant accepted the said amount and provided account details of their bank and after that the Opposite Party paid the amount of Rs.64,800/- through NEFT to the complainant. The said claim has been paid as per terms and conditions of the policy. The complainant has duly accepted the said amount as full and final settlement and now they have no right to file the present complaint. Averred that the insurance policy is contract between insured and insurer and both the parties are bound by the terms and conditions of the insurance policy; the present complainant is not maintainable since complicated question of law and facts are involved which required elaborated evidence both oral and documentary and as such it is only civil court of competent jurisdiction which can try and decide the present complaint. The complaint cannot be decided by this Commission in summary manner; the complainant is estopped by his own act and conduct from filing the present complaint since the complainant has not come to this Commission with clean hands and had concealed the material facts from this Commission and as such the complainant is not entitled to the any discretionary relief from this Commission. On merits, it is admitted that the Opposite Party had issued New India Bharat Sookshma Udyam Suraksha Policy 10.361110011218000000013 valid w.e.f. 09/05/2021 to 08/05/2022 and the said policy was issued along with terms and conditions of the policy. Submitted that the solar system was covered alongwith the plant and machinery for total sum of Rs.45,00,000/-. The said coverage of Rs.45,00,000/- was not only for solar system but plant and machinery was also included in the said total sum of Rs.45,00,000/- and in the policy also it is specifically mentioned plant and machinery Rs.45,00,000/-. In the said policy total sum of Rs. 70,00,000/- was covered for building superstructure, Rs.15,00,000/- was covered towards furniture, fixture and fitting and Rs.45,00,000/- was covered for plant and machinery and solar system was included under the head plant and machinery.  All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       Complainant has also filed replication to the written reply of Opposite Party denying the objections raised by them in their written reply.

4.       In order to prove his case, Director of the complainant’s firm has placed on record his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C16.

5.       On the other hand, Opposite Party has placed on record affidavit of Sh.Hardeep Singh, Assistant Manager, The New India Assurance Company Ltd. as Ex.OP1/A alongwith copies of documents Ex.OP1 to Ex.OP19.

 6.      We have heard the ld. counsel for both the parties, gone through the written arguments submitted on behalf of both the parties and also gone through the record.

7.       It is proved on record that complainant’s firm (herein after to be referred as ‘complainant’) has been availing the insurance policies from the Opposite Party since 2017 in respect of solar system installed in their factory premises, copies of the policies are Ex.C8 to Ex.C5 respectively. Lastly the policy was availed for the period 09.05.2021 to 08.05.2022 (Ex.C4). Perusal of the policies shows that in each policy there is column of insurance policy as ‘Plant and Machinery’ against which the amount of insurance is mentioned as Rs.4500000/-, but in each policy, the details of plant and machinery not mentioned i.e. which plant and which machinery is insured. The complainant is claiming that the column of ‘Plant and Machinery’ is only for Solar Plant for which insurance amount is Rs.45,00,000/-, but the Opposite Party company is claiming that the column of plant and machinery includes all machinery of the factory, for which, the Opposite Party-insurance company is liable. Hence the dispute between the insured and insurer is the detail of plant and machinery i.e. whether it includes all plant and machinery of the factory or solar plant only. We have perused Ex.C9 i.e. email dated 15.06.2021 sent by Opposite Party to complainant, which clearly shows that solar system is insured for Rs.45 lacs. The contents of said email are reproduced as under:-

“The detailed sum insured has not mentioned in New India Bharat Sookshma Udyam Suraksha Policy No.36110011218000000013, but the same was mentioned in previous Standard Fire & Special Perils Policy No.36110011200100000030 as per following:

Description of Property: RS 70 Lac on the entire Build’s Built of 1^st Class Const. with Boundary Wall/etc.

Rs. 15 Lac on Fur/Fix/E.Fitt.

Rs.45 Las on the Solar System

Rs.3 Crore on Stocks of all kinds of Sarson/Sarson Oil, Refined Oil/Cattle Feed/Khal/Raw Material/Bardana Old & New/etc.”

8.       Further as per document ‘Policy Insured Interest’ attached with policy document (Ex.C8) clearly reveals that solar system is insured for Rs.45 lakh. The contents of said document are reproduced as under:-

9.       The above mentioned ‘email’ and ‘Policy Insured Interest’ clearly shows that policy no.32110011200100000030 (09.05.2020 to 08.05.2021) and policy no.36110011218000000013 (09.05.2021 to 08.05.2022) clarifies the dispute that the head Plant and Machinery is solar system and it is insured for Rs.45 lakh, which clearly shows that solar system of the complainant’s firm was insured for 45 lakh and it does not include any other machinery except solar system. We are of the considered view that the Opposite Party wrongly and illegally settle the claim of the complainant and paid the amount of Rs.64,800/- only  against the amount of Rs.5,13,800/- i.e. cost of repair of solar system in question, which is proved on record vide Ex.C16. It is also proved on record that solar system was damaged on 29.08.2021, which duly covered under the policy bearing no.36110011218000000013 for the period 09.05.21 to 08.05.2022.

10.     In view of the above discussion, the instant complaint is allowed in part and Opposite Party is directed to pay to the complainant balance amount of Rs.4,49,000/-(Rupees Four Lakh Forty Nine Thousand only) alongwith interest @ 9 % p.a. from the date, when the payment of Rs.64,800/- was credited into the account of the complainant. Opposite Party is also directed to pay compository costs of Rs.15,000/-(Rupees Fifteen Thousand only) as compensation and litigation expenses to the complainant. The pending application(s), if any also stands disposed of. The compliance of this order be made by the Opposite Party within 30 days from the date of receipt of copy of this order, failing which, the Opposite Party is further burdened with additional cost of Rs.20,000/-(Rupees Twenty Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced on Open Commission