West Bengal

Bankura

CC/83/2017

Subal Chandra Dawn - Complainant(s)

Versus

Universal Sompo General Insurance Co. Ltd. - Opp.Party(s)

Durgaprasad Sarkar

15 Mar 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 83/2017

Date of Filing : 18.12.2017

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant: Ld. Advocate Durga Prasad Sarkar

For the O.P. Ld. Advocate B. Mitra, Ld. Advocate Chandicharan Advaruyya

 

Complainant                                                                                                          

Subal Chandra Dawn, at Barjora, Bankura

Opposite Party  

1.Universal Sompo General Insurance Co. Ltd, Express Tower, 42A Shakespeare Sarani, Kolkata- 17 

2. Branch Manager, Allahabad Bank, Ghutgoria Branch, Barjora, Bankura

FINAL ORDER / JUDGEMENT  

Order No.36                                                                                   

Dt. 15-03-2023

Both parties filed hazira through advocate.

The case is fixed for argument.

After hearing argument/written argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he had a standard Fire and Special Perils Policy bearing Policy No.211452785356104/800 valid from 20-12-2016 to 19-12-2017 with O.P. No.1/Insurance Co. for his business of storing fly ash, bricks in various classes, stone chips, sand etc. On 02-06-2017 at about 7.30 p.m. due to cyclonic condition with heavy showers of rain the stock in trade mainly fly ash and sand were destroyed and washed away and the incident was intimated to the O.P. No.1 and also to O.P. No.2/Bank on  03-06-2017 with claim of Rs.18,15,500/- but O.P. No.1 did not compensate the loss and damage caused to the complainant. Hence this case.

                                                                                                                                                                              Contd…….p/2

Page: 2

The O.P. No.1/Insurance Co. contested the case by filing a written version justifying the repudiation of the claim mainly on the ground that the complainant could not furnish proof of such natural calamity by any cogent evidence like Meteorological report, and also loss and damage of huge quantity of the stock of fly ash. Loss and damage to stacked fly ash / sand has taken place other than the earmarked Insured places which is also a ground for repudiation of Insurance claim.

O.P. No.2 also filed written version in this case.

-:Decision with reasons:-

The Commission has gone through the entire materials on record including submission and contention on both sides.

Admittedly there is no material on record to show by any evidence as to the factum of natural calamity like the cyclonic storm in the particular area at the relevant time. In absence of any Meteorological Report or any authenticated report from any Govt. functionary it is difficult to accept the complainant’s case regarding loss and damage of his stacked fly ash/sand by such cyclonic storm. Surveyor’s report dated: 09-06-2017 does not also justify the claim of the complainant. It is also important to note that the loss and damage to fly ash / sand occurred other than the Insured place.

Be that as it may, taking into account the loss and damage of fly ash / sand by such natural calamity and in absence of any basis of assessment of such loss and damage the Commission on its own consideration fixes the loss and damage at Rs. 1 Lakh without going into the controversy and making any adverse comment and observation as to the factum of alleged cyclonic storm.

Hence it is ordered……

That the case is disposed of accordingly by directing the O.P. No.1 to pay to the complainant Rs.1,00,000/- within one month from this date failing which the decretal amount may be recovered in due process of law.

Both parties be supplied copy of this order free of cost.

 

  __________________                   ________________                  ________________

HON’BLE   PRESIDENT         HON’BLE    MEMBER         HON’BLE    MEMBER