1. M/s Sirajul Stores

Vill: South Shyampur,

P.O. Shyampur,

P.S. Maheshtala, Kolkata-700137.                                                          _________ Complainant

____Versus____

1. Universal Sompo General Insurance Co. Ltd.

Block A, Express Tower 7^th Floor,

42A, Shakespeare Sarani, Kolkata-17.

2. S.K. Mitra & Co.

S.K. Mitra (Surveyor)

7, Tollygunge Circular Road,

Present :           Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   21    Dated   10-02-2016.

       The case of the complainant in short is that complainant took an insurance policy being no.2939/52456545/00/000 from o.p. no.1 for insuring his shop along with his house in lieu of premium of Rs.4042/- per annum and the same was valid from 6.8.12 to 5.8.13. Complainant stated that during the validity of the insurance i.e. on 12.12.12 the house and the shop of the complainant was destroyed due to natural calamities i.e. lightening and heavy rain and accordingly, complainant informed about his damage to o.p. no.1. The said complaint has been registered by o.p. no.1 being complaint no.CL-12038762.

            Complainant further stated that on 14.12.12 o.p. no.1 appointed a surveyor namely S.K. Mitra & Co. for surveying the complainant’s actual damages which have been occurred on 12.12.12. Complainant further stated that the surveyor wanted to know the proof of the damages of complainant. Complainant stated that on 13.3.13 he sent the documents of Alipore Metrological Institute and the same has been annexed by complainant in the running page 10 of the complaint petition. Complainant further stated that till filing of the instant case o.p. no.1 had either not repudiated his claim or disbursed anything in respect of the damages to the complainant and as such, complainant stated that o.p. no.1 made gross deficiency of service being serviced provider to the complainant since in spite of having valid policy o.p. did not settle his claim till filing of the instant case and for which complainant filed the instant case with the prayers contained in the prayer portion of the petition of complaint.

            O.p. no.1 appeared before this Forum by filing w/v and contested the case. In spite of receipt of notice o.p. no.2 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. no.2. O.p. no.1 has admitted the insurance policy of the complainant. O.p. no.1 submitted that there is no cause of action of the instant case of the complainant and it is absolutely harassive, malafide and false and for which o.p. no.1 prayed for dismissal of the case since it has got no merit.  

Decision with reasons:

            Upon considering the submissions of the contesting parties and on careful scrutiny of the entire materials on record, this Forum holds that it is evident from the meteorological report dt.7.3.13 issued by Dy. Director General of Meteorology, Regional Meteorological Centre, Kolkata that admittedly there was 24 hours rainfall recorded on 12.12.12 of 033.4 mm and there was also wind velocity along with thunder storm for the period from 02-14 hours to 05-40 hours between 12.12.12 and 13.12.12. Admittedly complainant also alleged for lightening and rainfall on 12.12.12 in his petition of complaint and for which he suffered from due to damage of his house as well as the materials stored at the shop of the complainant.

            But complainant claimed in his petition of complaint some amount for repairing of his dwelling house, but he has failed to enclose any estimate issued by competent authority to that effect for repairing of the dwelling house.

            This Forum holds that considering the meteorological report issued by competent authority as stated above admittedly there was some rainfall and thunder storm on the alleged date in question. So, it is not wise to disbelieve the contents of the petition of complainant.

            In view of the above findings, this Forum has observed that o.p. no.1 had made deficiency of service being service provider to the consumer / complainant and complainant is entitled to relief on non standard basis considering the facts and circumstances disclosed on record keeping an eye to the principle of the decision of the Hon’ble Apex Court of India published in II (2010) CPJ 9 (SC).

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. no.1 and dismissed ex parte without cost against the o.p. no.2. O.p. is directed to pay to the complainant a sum of Rs.50,000/- (Rupees fifty thousand) only on non standard basis towards the claim of the complainant and is further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% 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 free of cost.