JUDGEMENT
This is an application U/s 12 of the C.P. Act, 1986.
The complainant’s case in brief is that Bharosha Rice Mill Pvt. Ltd. is a private limited company and produced rice from paddy and this Rice Mill was insured under Standard Fire and Special Perils Policy bearing No.031600/11/10/11/00000287 for the period from 11.8.2010 to midnight 10.8.2011 for the amount of total sum of Rs.2,00,96,000/-(Rs.72,00,00/- for building and Rs.1,28,96,000/- for plant and machinery) issued by the United India Insurance Company.
Due to Kal-Baishaki storm on 3.5.2011 the Bharosha Rice Mill suffered severe damages. The roof shed of paddy godown and paddy cleaning shed was totally blown away. The wall and pillar of the machine room were severely damaged, the Boiler pipe line was broken down by the storm. Huge amount of paddy (8000 packets) were totally damaged. As a result the Bharosha Rice Mill suffered loss approximately to the tune of Rs.14,00,000/- and it was intimated to the Officer-in-charge, Galsi Police Station, Paraj Gram Panchyat, BDO of Galsi Block on 4.5.2011 as well as to the O.P. No.1 on 5.5.2011. It is noteworthy to mention that Bharosha Rice Mill not only suffered huge loss but also other rice mills were also suffered loss due to said storm on 3.5.2011 and the said fact would be evident from the newspaper namely “Sakaler Jannya” dated 10.5.2011 and “Pally Pragyan” dated 21.5.2011.
The complainant lodged claim before the O.P. No.1 vide his letter dated 5.5.2011 to the tune of Rs.14,00,000/- to indemnify the loss suffered due to storm on 3.5.2011. Thereafter, O.P. kept mum for a period of about one year and did not take any steps to settle the claim of the complainant. Thereafter the complainant wrote another letter on 13.5.2012 requested to the O.P. No.1 as well as IRDA about the status of the claim as well as settlement of the claim.
The O.P. No.1 engaged one agency for survey namely, M/s.S.N. Associates, Surveyor & Loss Assessor. The M/s. S.N. Associates surveyed the Rice Mill and submitted his report bearing No.SN/2024/12-13 dated 12.4.2012. The complainant submitted the copy of G.D. & copy of letter issued by the Pradhan of Paraj Gram Panchayat before the O.P. No.1 along with a letter requesting to the O.P. to settle the claim without any delay. The O.P. No.1 on 9.8.2012 informed the complainant that the competent authority of the Divisional Office of the O.P. has settled the claim of the complainant amounting to Rs.84,029/- in full and final. After receiving the letter the complainant became astonished and vide letter dated 18.7.2012 the complainant asked for details of assessment and details of calculation on the basis of which the O.P. calculate the loss to the tune of Rs.84,029/- only instead of Rs.14,00,000/-. Thereafter the O.P. sent a reply stating that M/s.S.N. Associate, Surveyor & Loss Assessor have clearly mentioned that “whereas the sum insured is Rs.10.00 lakh, the under insurance clause will be applicable and after application of the average clause” the loss has been settled to the tune of Rs.84,029/-. The complainant was not satisfied with the logic. Finding no other alternative the complainant filed this case before this LD. Forum for relief.
The O.P. No.1 & 2 have contested the case by filing written version, denying inter-alia all the material allegation as leveled against them. The O.P.s also stated that actually in this case the consumer relationship stands in between the United Bank of India, Burdwan branch, in the account of Bhorosha Rice Mill Pvt. Ltd. and the O.P. No.1, United India Insurance Company Ltd., Palika Bazar, G.T.Road, 3rd floor, Burdwan-713101 and as such there was no consumer relationship in between the complainant and the said O.P. No.1, United India Insurance Company. As such the complainant, Bhorosha Rice Mill alone is not entitled to get any relief against this O.P. No.1 in the instant case.
The O.P.s further stated that U.B.I.-Burdwan, Account: Bhorosha Rice Mill Pvt. Ltd. took a Standard Fire & Special Perils Policy from the O.P. No.1 for the period from 11.8.2010 to 10.8.2011, assuring a sum of Rs.2,00,96,000/- towards building and plant/machinery and accessories. These O.P.s have come to learn from the complainant on 3.5.2011 at about 4.30 P.M. that due to alleged Kal-Baishaki storm, the Bhorosha Rice Mill has suffered severe damages/loss. Thereafter these O.P. appointed M/s. S.N. Associates, Surveyor & Loss Assessor f or assessing the alleged loss suffered by said Rice Mill due to alleged storm at its premises on 3.5.5.2011 at about 4.30 P.M. The said surveyor surveyed the insured premises on 6.5.2011 and on subsequent dates submitted its report on 12.4.2012. As per said survey report dated 12.4.2012 loss assessed at Rs.2,89,758/- by the said surveyor against the complainant’s actual reporting estimate of Rs.8,94,000/-, prior to applicable of average clause and policy excess and after application of the average clause, the loss had come down as Rs.84,029/-.
Point for consideration in this case is;
- Whether there is any deficiency in service on the part of the O.P. by not settling the claim of the complainant’s claim amount i.e. Rs.14,00,000/- ?
DECISION WITH REASON
The dispute between the parties arises on the basis of firstly non- assessment of loss of Rs.14,00,000/- by the complainant and similarly surveyor only confined himself to assess the loss on the basis of paddy godown which was assessed by one Atanu Chattopadhyay, approved valuer of complainant’s side who has assessed Rs.9,20,000/- in all . But the surveyor after deduction of depreciation, salvage etc. come to a finding of net loss of Rs.84,081/-. It is true that Ld. Advocate of the complainant put some questionnaire to the surveyor by putting question that the survey report is arbitrarily and without taking into account of the actual state of affairs, misleading, incomplete and lastly suggested the said report was prepared mechanically and as per instruction of insurer in order to deprive the insured who had insured his godown to the tune of Rs.2,00,96,000/-(for building Rs.72,00,000/- and stocks/contents Rs.1,28,96,000/-). This policy is cover the risk of earthquake, (fire and stock including building) andPlant and Machinery. From the policy itself we find that description of property which was insured has been categorically mentioned towards respective sum insured.
In this backdrop, complainant has able to produce the report of the Block Development Officer, Galsi-1 Block, P.O.-Budbud, District-Burdwan, who has certified that “ Roof/shed of godown of Bhorosha Rice Mill (Pvt.) Ltd. of Vill. & Post-Parag under the jurisdiction of him along with 8000 numbers of paddy packets (approximately) damaged. He has further mentioned that 26,000 numbers of stocks has been damaged due to sudden storm accompanied with rain, that swept through this area on 3.5.2011 afternoon. The B.D.O. has recommended that in these circumstances the said unit should get considerable amount of damage determined by the authority concern as per norms”.
The Pradhan of Gram Panchayat also acknowledge the said loss of the complainant’s unit i.e. Bhorosha Rice Mill (Pvt.) Ltd. The said news was also published in the local news paper, paper cutting has also annexed in this case. Thus, we find prima-faciely, that not only the paddy godown but godown shed, the wall of the machine room, boiler pipe and huge number of paddy and other materials has been damaged due to sudden storm & rain.
We failed to understand when the entire Rice Mill and his property category-wise insured to the O.P., what prompted the O.P. to bend upon the assessment of loss which was determined by the valuer of the complainant Mr. Atanu Chattopadhyay. We find when the O.P. collecting premium year after year or month after month or quarterly basis or as the case may be, it is the paramount duty of the O.P. to send the assessor to the complainant’s Bhorosha Rice Mill and approach complainant to be present there physically along with his own valuer and thereafter all the properties which are under the coverage of insured should be categorically assessed fairly and to take photography of the damaged property but no such attempt was taken by the surveyor appointed by the O.P. namely M/s. S.N. Associates and submit the report which is not the actual picture of the actual loss of the complainant. It is true, in order to justify the report the surveyor has pointed out in page-3(8.4) that they have very minutely inspected the entire Rice Mill and observed that several cracks have developed on the wall of the premises of the mill due to the storm. But he was confined in his report only on damaged godown but no such whisper regarding the paddy, packets, boiler pipe line, wall of the machine room etc. So, we did not find any parity of the surveyor report in comparison with the report submitted by the Govt. authority namely Block Development Officer as well as Pradhan of the Gram Panchayat who are holding the responsibility post of the Government of West Bengal and they are not suppose to pay any remuneration for their report.
In these circumstances, it is very difficult for us to ask the O.P. to pay Rs.14,00,000/- since there is no assessment of loss submitted by the complainant before the surveyor and surveyor also not acted properly i.e. damage not determine according to the description of the insured properly situated at Bhorosha Rice Mill. So, it would be better that complainant firstly reassess the same within 15 days from the date of this order by his own surveyor-cum- valuer regarding the entire loss category wise and thereafter the same will be submitted within 3 days to the O.P. and O.P. will also send his surveyor other than M/s. S.N. Associates to assess the actual loss on the basis of the report of the complainant as well as physical verification, if possible, both the parties is at liberty to request local Anchal Prodhan and the B.D.O. or his representative to be present at that time of assessment of actual loss of complainant’s Rice Mill namely Bhorosha Rice Mill (Pvt.) Ltd., Accordingly, it is
ORDERED
that the complainant and the O.P.s are directed to reassess the loss of Bhorosha Rice mill Pvt. Ltd. within the stipulated time as mentioned above and settled the dispute accordingly. Thus at this stage there is nothing to redress in the present case and the same is disposed of accordingly. Let the plain copy of this order be handed over all the parties free of cost.
(Udayan Mukhopadhyay)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Udayan Mukhopadhyay)
President
D.C.D.R.F., Burdwan
(Durga Sankar Das)
Member
D.C.D.R.F., Burdwan
