State Consumer Disputes Redressal Commission
M/S. Maa Tara Sales vs Divisional Manager, United India ... on 27 May, 2009
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO-FA/09/02 DATE OF FILING :05.01.09 DATE OF FINAL ORDER:
27.5.09 APPELLANTS/COMPLAINANTS :
1.
M/S. MAA TARA SALES.
Prop. Sadhan Sadhukhan, Of Puratan Bazar, PO&PS Kharagpur, Dist- Paschim Medinipur.
RESPONDENTS/O.P.S : :
1.
Divisional Manager, United India Insurance Co Ltd.
(Midnapur Branch Office), Library Road, PO&PS- Midnapur, Dist- Paschim Medinipur.
2. Regional Manager, United India Insurance Co Ltd., Himalaya House 2nd Floor, 38-B, Jawaharlal Nehru Road, Kolkata- 700 071.
.Respondents
3. The Manager, Canara Bank, Kharagpur Branch, Kharida, PO&PS- Kharagpur, District- Pasachim Medinipur.
..Proforma Respondent.
BEFORE : HONBLE JUSTICE Shri Aloke Chakrabarti, PRESIDENT.
MEMBER : Shri . A.K.Ray.
MEMBER : Smt. Silpi .
Majumder.
FOR THE PETITIONER / APPELLANT :Shri A. Mukhopadhya. (Advocate) FOR THE RESPONDENT / O.P.S. : Smt. S. Roychowdhury. ShriT.K.Mohanti (Advocates) Shri A.K. Ray., Member The appeal is directed against the order dated 4.12.08 passed by the District Forum , Paschim Medinipur in case no 107 of 2007 wherein the case was dismissed on contest without cost. The facts of the case in brief are that the Complainant/Appellant is a distributor of a product of Colgate Palmolive India Ltd for Paschim Medinipur region. The business was covered under an Insurance policy no 030703/48/06/34/00000470 to the extent of Rs. 25 lakh. The period of coverage was from 25.10.06 to 24.10.07. The premises of the unit caught fire on 29.06.07 at about 8 P.M when the Appellant was out of station and the unit was under lock and key. Fire brigade and Police Station concerned were informed. The Fire was brought under control by the Fire brigade on the day of the aforesaid accident . Stocks valued at Rs. 22,32,820.58 were in the shop.
Appellant submitted a claim of Rs. 18,88,071/- to the OP Insurance Company who engaged a surveyor to survey the stocks and to file a report. The Surveyor visited the business place of the Appellant on 2.7.07 and 5.7.07 when the Appellant submitted all the documents to him. The claim of the Appellant was accompanied by a report of the O.C, Kharagpur Fire Station. The Respondent did not challenge the fire report : the stock report filed by Respondent no- 3 bank was also not challenged by the Respondent. The OP insurance company assessed the loss amounting to Rs. 28,170/- overlooking the destroyed articles. They conveyed their decision by a letter dated 17.11.07. This decision of the insurance company was considered illegal , unjust and without any basis by the Appellant. Hence, the case before the Forum below praying for issuance of directions upon the OPs to pay Rs. 18,88,071/- towards compensation together with interest @ 17.5 % p.a and cost of Rs. 15,000/-.
2. The case was contested by OP insurance company and by OP Bank separately by filing written objections. The Surveyor inspected the site along with the Complainant and 3 separate lists for sound stock , damaged stock and semi/ partial damaged stock were prepared and signed by the Surveyor and the Complainant and on the basis of the said lists of damaged and semi/partial damaged goods loss was assessed by the Surveyor to the tune of Rs. 45,949.68 as per quantity mentioned in the two separate lists of damaged and semi/partial goods duly signed by the Complainant.
As the damage was mainly due to pouring of water to extinguish the fire the value of salvage amounting to Rs. 7779.63/- was deducted and thereafter as per terms of the insurance policy there was a further deduction of Rs. 10,000/- as policy excess and thus the amount stood at Rs. 28.170.05 as net amount payable to the Complainant towards settlement of loss . Accordingly, a payment order was sent to the Complainant through its banker , Canara Bank being OP no 3 ; but the same was refused by the Complainant. OP No 3 Bank stated that they only financed the Complainant; so they were unnecessary party to this case. Payment of loss should be made through them because they had financed the business unit of the Complainant.
3. In his evidence on affidavit the Complainant Sri Sadhan Sadhukhan , sole proprietor of M/s MAA TARA SALES stated inter alia that OP Insurance Company assessed the loss to the tune of Rs. 28,170/- as compensation without considering the documents. In his answers to the interrogatories of OP Insurance Company the Complainant stated amongst others that the surveyor Shri S. Das did not prepare any lists for sound stocks , damaged stock and semi damaged stock in his presence . As per his direction he put his signature in some blank papers.
4. We have heard the parties to this case at length and have perused the impugned judgement of the Forum below along with written submissions of the parties. In their written version filed before the Forum below the OP Insurance Company stated in para-9 that they were agreeable to pay the assessed amount as mentioned by the loss assessor, Mr. Subhasis Das who was an independent empanelled surveyor and loss surveyor under IRDA. The report filed by Sri Subhasis Das, surveyor was according to the Complainant, not proper and contrary to the actual state of affairs.
5. Admittedly a joint inspection was conducted by the Complainant and surveyor on the site to assess the extent of exact loss. Lists were prepared under joint signatures showing sound stocks, semi damaged stock, and totally damaged stocks due to fire.
The surveyor assessed the loss to the tune of Rs.45,949.68 as per quantity mentioned in the list of damaged and semi damaged goods.The OP Insurance Company deducted two amounts from the aforesaid sum, Rs. 7,779.63 was deducted towards value of salvage and Rs. 10,000/- as policy excess in terms of the policy. The net amount stood at Rs. 28,170.05 payable to the Complainant as compensation. The Surveyor , Shri S. Das in his report in question assessed the net amount to the tune of Rs. 28,170/- and recommended that this amount may be indemnified to the insured by the insurer. The Forum below also found the amount to be justified. After going through the records we also feel inclined to accept the report of the Surveyor. Accordingly, the impugned order of the Forum below appears to be proper and justified. The appeal therefore fails.
6. It is accordingly, ordered that the appeal be dismissed on contest without cost. The impugned order of the Forum below be affirmed. The order of the Forum below is to be complied with within 30 days by the Respondent Insurance Company from the date of communication of this order failing which interest @ 10 % p.a, shall accrue on the decretal amount till payment.
LCR be returned forthwith with a copy of this order.
Member Member President