FINAL ORDER/JUDGEMENT

SHRI ASHOKE KUMAR GANGULY, MEMBER

This is an application u/s.35 of the C.P. Act, 2019.

The complainant Sree Dayal Paridhan Pvt. Ltd. obtained a Standard Fire and Special Perils Policy bearing Policy No  0305001120P101680623 from United India Insurance Company Ltd.  being the OP on 20.05.2020 for a total sum assured of Rs. 81,00,000/-. This policy was out of renewal of previous policy No. 0305001119P101357080 which was issued for  the year 2019-2020. On the date of renewing the policy on 20.05.2020, the insured stock was damaged due to entry of inundated water following rain and violent storm due to Amphan. The company filed claim on 20.05.2020 to the OP which was however repudiated stating that “the policy No. 0305001120P101680623 issued  was subject to a waiting period of  14 days from inception of the policy for STFI PERILS. Therefore, we regret to inform you that the claim is inadmissible”. The complainant further states that the policy was granted by the OP without imposing warrantee that the cover would be subject to a waiting period as 14 days from inception of the policy for STFI PERILS. Moreover, the clause of “14 days waiting period” applies only for the fresh policies. However, the instant case is just the renewal policy. The act of the OP amounts to deceptive practice which falls within the meaning of unfair trade practice as defined under CP Act, 2019. The OPs have not deputed any surveyor for survey and assessment of loss of stock. The policy was renewed for the period from 20.05.2020 to 19.05.2021.
The complainant has filed the instant consumer case praying for justice with relief/reliefs  as detailed in the complaint petition.

The case has proceeded exparte for which there has been no submission on the part of the OP.  However, on the facts as stated above by the complainant in respect of his complaint the following points have necessarily come up for determination.

Points for Determination

The case has been heard exparte for which there is no submission on the part of the OP.  However, on the basis of facts stated by the complainant in his complaint petition the following points have necessarily come up for determination.

1) Whether the OP is deficient in rendering proper service to the complainant?
            2)    Whether the OP has indulged in unfair trade practice?

3)    Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:-

All the points are taken up together for the sake of convenience and brevity in discussion.

            The fact of the case in brief is that the complainant M/s Ananat (Sri Dayal Paridhan Pvt. Ltd.)

Obtained a Standard Fire And Special Perils Policy bearing Policy No. 0305001120P101680623 on 20.05.2020 for sum assured of Rs. 81,00,000/- for the period from 20.05.2020 to 19.05.2021 at a cost of premium amount of Rs. 9,176/- . The said policy got renewed for the year 20.05.2021 to 19.05.2022 also. As per submission of the complainant, due to entry of inundated water following rain and violent storm due to Amphan the insured stock of the complainant was damaged on 20.05.2021. The complainant company filed insurance claim with the OP on 20.05.2020 and there was no response from the OP.  However, as per submission, the claim was repudiated by the company referring their exclusion clause of waiting period of 14 days from inception of the policy for STFI PERILS.

Against the above submission excepting the copy of policy for the year 20.05.2020 to 19.05.2021, there is not a single document furnished by the complainant to establish the case in his favour. There is also no proof of happening of  the incident due to Amphan.  No FIR has been lodged with the local Police Station and no documentary proof of the damage of the insured stock in the form of a report from any approved/ established Surveyor has been furnished. No document  has been submitted to establish that the claim has been lodged with the OP. The most astonishing part of the case is that the complainant has not filed the repudiation letter issued by the OP.

Under the above facts and circumstances, we are of the opinion that the complainant has failed to establish his case against the OPs.

In the result, the consumer complaint fails.

Hence,

Ordered

That the consumer complaint be and the same is dismissed ex parte against the OP without any cost.

Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded on the website of the Commission for perusal of the parties.