JUDGEMENT

          Complainant by filing this complaint has submitted that complainant insured their material of cloth stored in Godown and Silox-Trensporter’s Godown and Godown of clearing and Forwarding Agency with the Divisional Office No. V of the op under fire Policy No.31150/2010/147 for the period from 26.05.2009 to 25.05.2010 for sum insured of Rs.30 lakhs and the said policy covered the risk of stock of the following location namely Inland Road Transporters Godown No.1, 2 and 3, Godown of Inland Road Transport No.K1, 2 & 3 Strand Warehouse, Strand Road, Calcutta, West Bengal, Kolkata – 700007 and C.W.I.C. (C.P.T.) Godown, Jagannath Ghat Warehouse, 1^st Floor, Kolkata- 700007 West Bengal and complainant has paid the op a sum of Rs.15,104/- as premium including service tax for the said policy.

          On 13/14.02.2010 a devastating fire broke-out at the aforesaid Godown of Inland Road Transport (P) Ltd. situated at Strand Road, Kolkata-700001 and various kind of complainant’s stocks were fully gutted and complainant intimated the loss to the op on 15.02.2010.  The Fire Brigade Report dated 31.08.2010 inter alia stated that the building is owned by the Kolkata Port Trust and one of the tenants was Inland Road Transport (P) Ltd.  The Fire Brigade report stated that the entire goods/commodity of the premises was totally gutted by fire and water and that the devastation of the fire cause ‘northern portion of the said warehouse totally collapsed’ and the news of Strand Road Fire was published in the first page of all daily News Paper.  In the circumstances complainant on the basis of the said valid policy submitted all documents to the Surveyor on 30.03.2010 as required by the surveyor except a sale tax return as the sale tax is not applicable in textiles goods and Final Police Report which was not available till that time.

          But after lapse of six months from the date of submission of all the documents to the surveyor, the surveyor advised the complainant to submit the breakup the detailed of stock during the time span ranging from 1^st April 2007 to 31^st March 2008 and 1^st April 2008 to 31^st March 2009 vide letter dated 21.09.2010 and the said documents were duly submitted to the surveyor by the complainant with a letter dated 29.09.2010.

But after submission of all required document the complainant sent reminders to the surveyor but thereafter the surveyor reported that “if you fail to submit the above documents to us within 15^th days from the receipt of this letter we shall be compelled to issue a No Claim Report resending your claim and said letter was sent on 21.12.2010”.

          But after waiting a consideration time for getting a result of said claim, complainant found that op repudiated the claim on 31.10.2011 and against that complainant filed a representation through his Advocate on 14.01.2011.  But thereafter op became silent for which for redressal and for deficient and negligent manner of service the present complaint was filed.

          On the other hand op Insurance Company by filing written version submitted that the entire allegation is false and at the same time complainant has cocked up a bull story which is no doubt procured for the purpose of getting the claim amount.

          Particularly it is specifically mentioned that complainant has not disclosed his location of tenanted godown on rental basis under Inland Road Transport (P) Ltd, Kolkata.  But complainant has claimed that due to devastation of fire in the said godown of Inland Road Transport (P) Ltd, Kolkata that on 13/14.02.2010 his articles or goods were also destroyed.  But it is the duty of the complainant as insured to supply all materials for the purpose of substantiate his claim.  But even then op deputed M/s Chanda Surveyor & Technical Consultants by the op to certify the actual loss suffered by the complainant due to devastation of fire took place on 13/14.02.2010.  Under the Fire Policy No. 2010/147 and surveyor visited the place, observed the stocks and admitted on the affected building on 18.02.2010.  Thereafter on 19.02.2010 surveyor issued a letter to the complainant with a request to produce a schematic diagram of their Godown, along with a series of documents.  On 22.03.2010 complainant affirmed that they are going to submit the requisite documents as soon as possible.  On 31.03.2010 complainant sent the list of documents enclosed with the letter but they declined to submit the schematic diagram of the Godown of their Transporter where the stocks were damaged by fire.

          Subsequently on 17.04.2010 surveyor received another letter from the insured and the surveyor has also found a letter from that list of documents where the transporter wrote to the insured, that they have enclosed the photocopy of the F.I.R. and a list of materials of the insured in their Godown brought against corresponding consignment notes of the insured specifying their date of arrival and their present condition.

          Subsequently, on 14.05.2010 surveyor visited to the Transporter’s office with the help of the insured and there was long discussions regarding in this fire and on 24.05.2010 surveyor wrote a letter to the Transporter M/s Inland Road Transport (P) Ltd. with a request to handover some documents which is appropriate to them but in response to the letter dated 24.05.2010 the transporter sent an E-mail on 23.06.2010 stating that the same may be collected from their surveyor and transporter has also declared in that mail that all the papers kept in their office was in the same building where the Godown was lying and same had already been destroyed.  But op has asserted that it is nothing but to avoid the liability of the Transporter and tried to play a critic game with the op clubbing with the insured.

          Again on 09.07.2010 surveyor wrote another letter to the Transporter with a request to clarify the issue of keeping the important documents in Godown and in respect of that letter on 24.07.2010 Transporter replied that they have two offices one as administrative office and other for freight receiving purpose which was in the fire affected building.  Subsequently as per report of the Fire and emergency service, Govt. of West Bengal ‘B’ Division, Central Avenue Fire Station it is found that Northern side of the two storied strand ware house covering an area about 60,000 Sq. Ft. containing multi various materials like paints, thinner, cotton, coal bar tires, tubes flaps, different types of merchandise, plastic materials, huge quantity of columbic items, cotton bales, huge quantity of edible oils, plumbing & sanitary fittings, electronic & electrical items, office furniture in the said Godown.

          So, considering that report it is clear that inflammable materials were dumped along with the cloth made in cotton and synthetics materials in the same place which the insured that was within the full knowledge of the insured.  Fact remains that allegations is that Fire took place on 13/14.02.2013 at mid-night as per police report but the surveyor was not permitted to enter into the room then and there by the police.  Interesting factor is that complainant did not lodge about devastating fire in respect of his godown.  Subsequently on 27.08.2010 op asked the complainant to supply all possible documents with a view to complete the survey report very soon.  Again on 21.09.2010 surveyor requested the insured to furnish all the material, Balance Sheet etc.  But complainant did not supply it but stating that current year Balance-sheet has not yet been prepared and practically complainant submitted several documents and it took much time to verify those documents and scrutinizing the validity of those documents and independent surveyor got some smell and feels to inspect further more documents to ascertain the actual monitory loss but complainant bye-passed the matter.

          Thereafter complainant sent their Balance-sheet, Profit & Loss account for the year ended 31^st March, 2010 duly audited by recognized auditor on 23.12.2010 and from that Balance-sheet it is found that there is no such inventory assertion or any such inclusion of loss of stock by fire and auditor has also not given a inventory loss by fire and the partners have certified the physical stock of inventory as on 31.03.2010  and there is no such remarks for loss of stocks by fire and not only that but also as per Tax Audited report for the period 31.03.2010 on page-5, point-28(a) details of Quantities stock, it appears that the insured has purchased and sold the materials and remaining stock has been shown as closing stock, but the quantitative loss has not been reflected in the audited Tax audit report for above period.  So there was no loss of materials by fire claimed by the insured.

          Moreover there is no such note that about loss and shortage in quantity of stock during the period 31.03.2010.  Since the materials have been purchased by the insured and they have paid for, then it should be included in the total purchase in amount and in quantity also.  Otherwise how can they have claimed for materials which do not belong to them?  Moreover they have not included in total purchase made during the year, the amount and quantity also.  So based on the audited Balance-sheet as on 31.03.2010 claim should not be entitled to get any claim and failed to get the said claim.  Specially demands were made by filing documents to get it but ultimately complainant has failed to prove his claim for which the claim was repudiated as no claim and when the Balance-sheet of the year ending on 31.03.2010 speaks that there was no loss for any ground or for said fire and accordingly that claim was repudiated and for which the present complaint is completely false and fabricated and complaint should be dismissed.

                                                    Decision with reasons

          On proper consideration of the complaint including the written version and also claim of the complainant for fire loss due to devastating fire held on 13/14.02.2010 at the Inland Transporter (P) Ltd Godown Strand Road as claimed by the complainant it is found that no doubt as per information of the complainant to the op, op Insurance Company deputed one M/s Chanda Surveyor & Technical Consultants and surveyor again and again visited the place of incident, asked the complainant to produce all documents, particularly moneywise quantity break-up details of stock along with valuation from the financial year 2009-10 and stock registered of stock for last 3 years indicating the inward and outward of the goods, the valuation of the goods at the godown Inland Road Transporters (P) Ltd. and the valuation of the goods lying in the other godown.

          Further surveyor asked the complainant to furnish registered copy with their stocks.  But complainant did not submit the same and for which the surveyor came to a conclusion that due to non-submission of stock statement by them, they could not execute the process to evaluate of this and practically on critical perusal of documents submitted by the complainant, surveyor found that audited Balance sheet and profit and loss account ending on 31.03.2010 of the insured they have not shown any stock loss due to fire and auditor has not also shown any note or inventory list by fire and the partners have certified the physical stock of inventory as on 31.03.2010 and there is no remarks for loss of stock by fire and at the same time as per Tax Audited report for the period 31.03.2010 on page-5, point No. 28(a) details of Quantities stock, it appears that the insured has purchased and sold the materials and remaining stock has been shown as closing stock as details but quantitative loss has not been reflected in the audited Tax audit report for the above period.

          So, surveyor came to a conclusion that there is no loss of materials by fire as claimed by the insured.  So, based on the audited Balance sheet as on 31.03.2010, complainant was not entitled to any claim and fact remains that Insurance Company also relied upon the said report and repudiated the claim.  Now the only question is whether the motive was justified or not.  But in this regard it is to be mentioned that fire took place in the Godown of Inland Road Transporter (P) Ltd. and said company was also asked to produce his documents but they disclosed that documents would be burnt due to the devastated fire.

          But truth is that company had his Head Office and all valuable copy was kept in that office but only to give the present insured to get a chance they have also stated that their valuable papers or articles were in the head office.  But anyhow insured has not stated that his documents were also gutted.  Then insured so far submitted the documents which were inspected by the surveyor in details line by line and partucilarly the final detailed audited accounts and Tax Audited account were called for and complainant submitted it wherefrom it is found that nowhere the said settlements and there is any note that loss of stock in the godown due to devastated fire, rather it is found that there was no loss or damage of any article from last financial year 2009-10 ending on 31.03.2010 and if that is the fact then it can safely be said that due to said incident of fire as claimed to have been held on 13/14.02.2010 has not affected the stock or any loss or damage due to devastating fire if actually that has been caused in that case in the said year stock audited statement and Tax statement, it shall be reflected.  But there is no such note that any such loss caused due to devastating fire during that year and accordingly from the surveyor report, it is found that surveyor also relied upon that statement, audited Balance sheet, profit and loss account for the year ended on 31.03.2010 certified by the auditor and also by the partners after physical stock of Inland Road Transporter as on 31.03.2010 and there is no record of loss by fire in the statement.

          So, it is clear that surveyor submitted a truthful report after investigation and practically the complainant ultimately failed to prove that he suffered any loss due to alleged fire.  So, the op Insurance Company relied upon the said statement and applying their judicial mind and considering materials fact they came to a conclusion that entire claim is not tenable in the eye of law that is no doubt justified.  So there is no deficiency or negligence on the part of the op.  Moreover after proper scrutiny of the entire survey report and other documents and particularly the audited Tax Report and audited Balance sheet and profit and loss account prepared by auditor has also not given any note on inventory loss by fire as on 31.03.2010.

          So, it is proved that complainant filed this false complaint with the help of company Inland Road Transporter (P) Ltd. for the purpose of claiming their claim for alleged loss.  But the entire complaint is full of false story whereas his own documents particularly audited Balance sheet, profit and loss account insured in the year 31.03.2010 and audited Tax Audit Report of the above period revealed that complainant never sustained any loss for fire even after physical stock of inventory list as on 31.03.2010 done by the complainant and their partners and partners have certified the same which has been submitted by the auditor.  Then it is clear that it is a completely false case and only to grab money from the Insurance Company, they filed this case only to misguide this Forum and get a decree.  But all his hopes are nipped in the bud in view of the fact that his own documents have proved that complainant is a dishonest company with some dishonest intention filed this complaint.

          In the above circumstances, the complaint is false and vexatious and thus the complaint fails.

          Hence, it is

                                                             ORDERED

          That the complaint be and the same is dismissed on contest with cost against ops.

          For filing false and vexatious complaint, complainant shall have to deposit a penal cost of Rs.10,000/- to this Forum within 15 days from the date of this order failing which further fine shall be imposed as per provision of Section-27 of C.P. Act 1986.