In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 259 / 2008.
1) M/s. Chalantika,
176/1, G.T. Road (North), Salkia, Howrah-6. ---------- Complainant
---Versus---
1) The Senior Divisional Manager, National Insurance Co. Ltd.,
Division-XVI, 3-A, Muzaffar Ahmed Street, Kolkata-700016. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Order No. 3 3 Dated 03/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed the complainant M/s CHALANTIKA against the o.ps. National Insurance Co. Ltd. and another. The case of the complainant in short is that complainant is a partnership firm who took loan from o.p. no.2 i.e. UCO Bank, Baltikuri, Howrah and the said business was under insurance coverage being insurance policy no.101900/11/06/3100001009 valid from 15.3.07 to 15.3.08 and the complainant was paying the insurance policy as usual. The value of the plant machinery and other stock at the time of inception was Rs.55 lakhs and complainant was submitting a stock statement to the banker from time to time. On 2.7.07 there was a natural calamity caused due to heavy rainfall during the period of 2.7.07 and onwards. And on account of such heavy rainfall the production hampered and the raw material and finished product as per the stock statement got damaged and destroyed in the rain water. The factory shed and electric meter and other articles were also damaged. Complainant assessed loss of Rs.9,32,066/- and he lodged a claim on 9.7.07 of the said sum for the loss and the insurance company engaged a surveyor on there and assessed the loss and it was found that stock available at the relevant point of time was more than the sum assured. O.p. sanctioned Rs.78,690/- as against the claim of Rs.9,32,066/- and the said sum was deposited with UCO Bank with whom complainant firm was hypothecated. Complainant made several correspondences to the o.ps. without any fruitful result. Hence, the instant case filed by the complainant praying for full settlement of the claim.
O.ps. had entered in this case by filing w/v and denying all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties and evidence and documents in particular. The surveyor jointly made inspection of the premises in question on 9.7.07. UCO Bank admitted that they received the amount of rs.78,690/- without the consent of the complainant. It has been contended by o.p. no.1 that claim form was not properly filled in by the complainant, but it is surprising to take note that if that be so, how o.p. no.1 paid UCO Bank Rs.78,690/- towards loss incurred by the complainant. It is seen from the record that o.p. no.1 did not take into consideration the loss towards raw materials (waste paper) kept in the company wherein the inspection took place although o.p. no.1 admitted in its claim’s note that 42 mt. of waste paper assessed by the surveyor was damaged. Moreover, loss of raw materials is not considered salvages and this stand on the part of the o.p. no.1 is not sustainable since because the same were assessed of the company and detailed report of the surveyor has not been filed by o.p. no.1 before this Forum to ascertain the actual position and this leaves rooms for something in the amount of this Forum. That being the position we are of the view that o.p. no.1 had sufficient deficiency in the matter of calculation of loss incurred by complainant owing to natural calamity / rainfall and o.p. failed to produce the relevant papers before this Forum for the reasons best known to them.
That being the position this Forum is of the view that o.p. no.1 had sufficient deficiency on their part being a service provider to its consumer / complain ant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.p. no.1 and without cost against o.p. no.2. O.p. no.1 is directed to settle the claim by paying 75% of the claim amount Rs.9,32,066/- minus the amount already paid Rs.78,096 and to pay a compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only to the complainant. O.p. no.1 is directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
