Orissa

Sambalpur

CC/07/2014

Nirupama Mahakur - Complainant(s)

Versus

The New India Assurance Co.Ltd. through its Divisional Manager - Opp.Party(s)

O.N.Purohit

16 Sep 2016

ORDER

DCDRF, Sambalpur
Near, SBI Main Branch, Sambalpur
 
Complaint Case No. CC/07/2014
 
1. Nirupama Mahakur
Shop no.21, Dindayal Market, po/ps-Burla, dist.- Sambalpur
...........Complainant(s)
Versus
1. The New India Assurance Co.Ltd. through its Divisional Manager
divisional Office, At/po-Budharaja, p.s.- Ainthapali, Dist.-Sambalpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE A.P.MUND PRESIDENT
 HON'BLE MRS. S.Tripathi MEMBER
 HON'BLE MR. K.D.DASH MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 16 Sep 2016
Final Order / Judgement

SHRI A.P. MUND, PRESIDENT-Complainant case No. 07/2014 was filed by Smt. Nirupama Mahakur alleging deficiency in service against the O.P. for not reimbursing the balance amount for the loss she suffered when her shop was burnt.

2.        The case of the complainant is that she is the owner and proprietor of the shop.

3.          That her said shop as insured with the O.P. under the fire insurance policy scheme and the policy number was 55090048120600000004 for Rs. 8,50,000/-.

4.        That as ill luck would have it, the shop along with all the articles in it were burnt with fire due to electrical short circuit on dt.29.03.13 for which reason the complainant sustained loss of Rs.8,48,893/-.

5.        That as such she lodged her claim with the O.P. vide claim No.550900/48/13/06/90000001 and accordingly the O.P. engaged Engineer. H.N. Agrawal for the assessme

                                                           

6.        The Complainant received two letters from the O.P. bearing letter No RASMECCC/2034/4857 dt.23.12.13 wherein the O.P. sought comments and the letter dt.06.01.14 Ref. No.550900FTDSKM14/608 intimating her about the settlement of her claims at Rs.3,40,626/-. The said amount were deposited by the O.P. by NIFT in the CC  A/c. No.32279259404 in SBI without consent or approved by the complainant and it was only after the deposit was made she was informed about it.

7.        That in the above premises it is clear that the O.P. was grossly deficient in service in settlement of the claims of the complainant for his reason she has not only suffered pecuniary loss but also mental agony and harassment.

8.        The after the receipt of the information about the settlement of the claims dt.06.01.14 the complainant approached the O.P. showing the stock register maintained by her and that were burnt by fire and also to know the reason for one way and arbitrary manner of settlement. But the O.P. turned a deaf ear and showed her the alleged acknowledgement of the settlement made by her, though in fact she never gave any acknowledgment to the O.P.

 

The complainant has filed only Stock Register to bolster her case.

The O.Ps appeared through their Advocate and filed their written version.

  1. According to their version, they are categorical that they are nor deficient in rendering services nor has done any unfair trade practice.

 

  1. In para 3(i) they have admitted to the policy and have admitted that the claim was within time. In (ii) they have averred that the complainant intimated to the O.P regarding fire damage to the shop on 30.3.2013 due to short circuit. One surveyor H.N. Agarwal was deputed to assess the damage. Who assessed the loss at Rs. 3,58,700/- vide his report. In (iii) they have averred that the o.p. worked with the claim of the insured and after deducting policy excess of 5% and another Reinstatement Premium approved the claim at Rs. 3,40,626/- and the complainant was accordingly advised. In para 5 they have further averred that the above amount was disbursed to the insured’s Cash Credit Account after she gave one Discharge Voucher. This discharge voucher, according to the O.P. restricts the freedom of the complainant to file any consumer case raising dispute.

 

  1. In para 5 they have averred that the report of the Surveyor and loss assessor is an important statutory document and it cannot be brushed aside lightly.

 

  1. And on the basis of the above pleading the O.P. have prayed that the case is not maintainable and as it is a frivolous complaint the complaint should be punished with cost.

To support its case the O.P. has filed the following documents.

  1. Copy of Policy of Insurance with relevant conditions.
  2. Copy of the Survey Report.
  3. Copy of the Fire and special Perils Claim approval sheet of the Insurance Company.
  4. Copy of the settlement voucher signed by the insured.
  5. Copy of the complain made by one Arun Kumar, Contractor Colony, Burla along with Regd. AD envelope.
  6. Copy of the letter dated 13.08.2013 issued to the Surveyor Sri H.N. Agrawal.
  7. Copy of the letter dated 13.08.2013 issued to Sri P.K. Nanda, Investigator to have investigation over the matter.
  8. Copy of the Investigation Report of the Investigator Sri Prasanta Kumar Nanda, Advocate, Sambalpur.
  9. Copy of the e-mails dated 19.08.2013 and 31.08.2013.
  10. Copy of the report dated 26.08.2013 of H.N. Agrawal, Surveyor.
  11. Copy of the letter dated 22.10.2013 issued by the insured and forwarding letter to the Insurance Company to the higher office.
  12. Any other documents as may be required.

 

Heard both the parties at length. The learned Advocate for the complainant fairly submitted that the complainant has signed the Settlement Intimation Voucher on her free will and hence the complainant has no case. The learned Advocate for the O.P. also harped on this piece of evidence and hence with the consent of the both the partie’s learned advocates, the matter was decided to be dropped.

Hence it is ordered that the case be dismissed without imposing any cost. 

 
 
[HON'BLE MR. JUSTICE A.P.MUND]
PRESIDENT
 
[HON'BLE MRS. S.Tripathi]
MEMBER
 
[HON'BLE MR. K.D.DASH]
MEMBER

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