THE PRESIDENT, DISTRTICT CONSUMER DISPUTES REDRESSAL FORUM: MEWAT AT NUH.
Consumer complaint No.09
Date of Institution: 05.12.2014
Date of Order: 18.03.2016
Yunus Boot House, Badkli Chowk near OBC, Israil Market Nagina Mewat through its proprietor, Yunus son of Suleman, resident of village Jalalpur Ferozpur, Tehsil Nagina District Mewat.
….Complainant.
Versus
1. The Oriental Insurance Company Ltd. A 25/27 Asaf Ali Road, New Delhi, (Service to be effected through Sr.Divisional Manager).
2. Branch office near Bus Stand Nuh District Mewat, Haryana.
…. Opposite parties.
Complaint under section 12 of Consumer Protection Act, 1986.
BEFORE Mr.Rajbir Singh Dahiya, President.
Mrs.Urmil Beniwal, Member.
Present: Mr.Mohd.Rashid Khan, Advocate for the complainant.
Mr.Akshay Kumar, Adv. for the opposite parties.
ORDER R.S. DAHIYA, PRESIDENT.
The facts agitated in complaint in brief are as under:-
1. That the complainant has been running the business/Shop of Boot House at Badkli Chowk, near OBC, Israil Market, Nagina Mewat, in which stock of shoes, chappals etc. worth about Rs.8,00,000/- was lying. It is alleged that the said shop and stock of shoes etc. lying in the shop was insured with the opposite parties-Insurance Company against policy No.272490/48/2013/2017 valid for the period from 30.5.2012 to 29.5.2013 covering the risk of burning of all type of shoes including burglary standard for the sum assured of Rs.6,00,000/- and paid a premium of Rs.1348/-. It is further alleged that during the enforcement of the said insurance policy due to short circuit in the shop fire broke out in the entire shop on 4.6.2012 in the night and the entire stock of shoes etc. alongwith the documents, account books, original bills, stock registers worth about Rs.8,04,605/- burnt entirely and turned into ashes and the complainant immediately reported the matter to the police on telephone on 5.6.2012 itself when the son of the complainant Sadiq reached the spot to open the shop, he found the entire shop and its goods documents etc. were burnt and turned into ashes. On hearing the news, wife of the complainant became unconscious and she was taken immediately to the hospital Govt.Unani Dispensary Agon, District Mewat on 5.6.2012 where she remained under the treatment upto the morning of 9.6.2012. The police after verification and investigation at the spot lodged DD No.19 dated 9.6.2012. It is further alleged that the opposite party was also informed by the son of the complainant telephonically as well as in writing by the complainant on 14.6.2012 and 20.6.2012 alongwith affidavit. After receiving the information regarding burning of boot house and stock, the shop was inspected by the surveyor of the opposite parties who has submitted his report to the opposite parties and a claim No.272400/11/2013/000001(policyNo.272490/11/2013/3) has been lodged with the opposite party. It is further alleged that the complainant moved an application before Permanent Lok Adalat and the Permanent Lok Adalat awarded Rs.60,000/- in favour of the complainant and order to further proceedings before this Hon'ble Court. Hence, this complaint filed by the complainant. The complainant requested many times to the opposite parties to make the payment of his genuine bills and goods price on account of damage of shop but the opposite party has not paid any heed to the genuine request of the complainant. The complainant also alleged that he had paid extra premium to the opposite parties and the opposite parties is liable to pay the genuine payment as per bills and goods price to the complainant severally or jointly. So the opposite parties may please be directed to pay the genuine payment as per bills and goods price of Rs.8,00,000/- with interest at the rate of 18% interest p.a. from the date of incident. The complainant also prayed that a penalty also imposed upon the opposite parties as per the provision of Consumer Act or any other relief which this Hon'ble Forum, deems fit and proper may kindly be granted.
2. After registration of the complaint, notices were issued to the opposite parties who put their appearance through learned counsel and filed reply of the complaint in question. The learned counsel at the very outset raised preliminary objections in his reply that the complaint is not maintainable in the present form. Further the Hon'ble Forum has got no jurisdiction to entertain, try and to decide the present petition/application. The opposite party further in his preliminary objections took the plea that the petition of the applicant is liable to be dismissed as previously the applicant filed an application before the Permanent Lok Adalat at Nuh against the opposite parties on the same subject matter and as per the orders of the Hon'ble Authority, the respondents made the payment of Rs.60,000/- to the applicant as full and final settlement. Thus, it is clear that the applicant is not entitled to claim any more amount from the respondents but despite of which it is the applicant, who has filed the present false petition as against the respondents only to extract a huge amount from them without any reason and rhyme. Further stated that the applicant has no locus standi to file the present petition. It is also stated that the petition is incomplete in material particulars, vague and does not disclose any cause of action as against the answering respondents and therefore petition is liable to be dismissed as the present pertition is based on false and frivolous grounds.
3. In parawise reply, the opposite parties denied all the facts of the complaint rather stated that the applicant has already received the full and final payment of settled amount from the answering respondents and now he has no right to claim any more amount from the respondents in any manner whatsoever.
4. To strengthen his claim, the complainant has adduced his evidence and in evidence he placed on record Ex.PW1 to Ex.PW6 which are the affidavits of Dilwali Brothers, Palwal, Chahar Traders, Agra, Deepak General Store, Complainant-Yunus son of Shri Suleman, Kadir Garments, Banni Garments. The complainant also filed documents alongwith complaint which are Annexures-1 to 25.
5. To strengthen his version, the counsel for the opposite parties has adduced his evidence and in evidence he placed on record the affidavit which is Ex.RW1/A of Shri Chotu Ram, Divisional Manager of the opposite parties in which he has re-asserted the pleas already taken in detailed reply filed by the opposite parties. Further placed on record the documents which are Annexures-1 to 12.
6. After adducing evidence both the parties also raised arguments in support of their respective contentions.
7. The claim is contested by the opposite parties on the ground that this Hon'ble Forum has got no jurisdiction to entertain, try and to decide the present petition as the complainant previously filed an application before the Hon'ble Permanent Lok Adalat at Nuh against the opposite parties on the same subject matter.
8. We have heard both the counsel for the parties and have gone through the documentary evidence placed on the file thoroughly. Initially the complainant had filed complaint before the Hon'ble Permanent Lok Adalat where the complaint of the complainant partly allowed vide its order dated 28.03.2014 with the following order:-
"The question of negligence and assessment of loss requires
evidence. Both the parties are to be afforded an opportunity
to lead evidence in this matter in support of their contentions
but in our considered opinion at least a sum of Rs.60,000/- can
be awarded as compensation at this stage to the applicant in
view of the very admission of the respondent in the written
statement".
"So as a result of above discussion we direct the respondent to
pay a sum of Rs.60,000/- (Rs.Sixty Thousand Only) to the
applicant within forty five days from the date of this order
failing which respondent will be liable to pay interest at the rate
of 9% per annum from the date of institution till payment. The
applicant may move civil court or appropriate forum if he so
desires for his remaining redress. The present application is
allowed partly accordingly. File be consigned to record room".
9. Hence, the complaint has been filed by the complainant before this Forum and in view of the above order, the objection raised by the Ld.counsel for the opposite parties in his reply regarding maintainability of complaint is not tenable. During the pendency of the complaint an application for rejection of complaint filed by the opposite party on 02.03.2015 which has already been dismissed vide our order dated 05.08.2015. As per very version of the opposite parties contained in para No.8 of the written statement the claim was investigated by qualified surveyor and net loss assessed was Rs.60,000/- as per assessment sheet. Regarding the objection raised by the Ld.counsel for the opposite parties for delay in intimation to the police station as well as to the opposite parties, the complainant immediately reported the matter to the police on telephone on 5.6.2012 itself when the son of the applicant/complainant Sadiq reached the spot to open the shop, he found the entire shop and its goods, documents etc. were burnt and turned into ashes. On hearing the news, wife of the complainant became unconscious and she was taken immediately to the hospital Govt.Unani Dispensary Agon, District Mewat on 5.6.2012 where she remained under the treatment upto the morning of 9.6.2012 but the police after verification and investigation at the spot lodged DD No.19 dated 9.6.2012 and the opposite parties after having been received information regarding burning of boot house and stock got inspected the shop through their surveyor who has submitted his report to the opposite parties and a claim No.272400/11/2013/000001(Policy No.272490/11/2013/3) has been lodged with the opposite party. According to the version of the complainant loss to the tune of Rs.8,04,605/- has been caused to him due to fire. In support of his version, the complainant submitted the purchase bills of shoes and chappals of various parties/sellers and these bills are supported with affidavits which are placed on file. No rebuttal to this effect has been led by the opposite parties.
10. So, in view of the discussion above and after perusing oral as well as documentary evidence led by the parties, the complaint of the complainant is allowed directing the opposite parties to pay the assured amount of Rs.6,00,000/- after deducting Rs.60,000/- which has already been paid to the complainant and Rs.30,000/-on account of depreciation value @ 5% on assured amount plus Rs.10,000/- on account of excess clause and thereby the net amount of Rs.5,00,000/- is to be paid by the opposite parties to the complainant alongwith interest @ 9% per annum from the date of filing of the complaint till payment. The complainant is also awarded compensation to the tune of Rs.2500/- for mental agony and physical harassment besides litigation expenses which are quantified at Rs.2200/-. Compliance of this order be made within 30 days from the date of receiving the copy of this order.
Copy of this order be given to the parties free of costs. File be consigned to record room after doing needful. This order of the Forum is running into 5 pages in total and each and every page of this order has been signed.
Announced in open Court.
18.03.2016
(Urmil Beniwal) (Rajbir Singh Dahiya)
(Member) President,
District Consumer Disputes
Redressal Forum,Mewat at Nuh
