Document Fragment View

Matching Fragments

JUSTICE SUDIP AHLUWALIA, MEMBER This Consumer Complaint has been filed under Section 21 (a)(i) of the Consumer Protection Act, 1986, seeking payment of the claimed amount under the Insurance Policy.

2. The factual background, in brief, is that the Complainant is a Company engaged in the manufacture and sale of sugar and allied products from its Baheri, Bareilly unit. It obtained a Standard Fire and Special Perils Policy from the Opposite Party, covering its establishment/stock including molasses stored in Tank No. 4. The Policy was valid from 01.07.2016 to 30.06.2017 and included perils such as STFI, earthquake, and spontaneous combustion. The loss in question occurred on 12.03.2017 when molasses from Tank No. 4 leaked in large quantities, which was discovered by the staff on a Sunday and festival day (Noli), with preliminary inquiry and internal investigations pointing to sabotage or malicious damage to the valve system of the Tank. The Complainant immediately informed the local Police and the Excise Department, and salvage operations were carried out to minimize the loss. Internal Inquiry Reports dated 20.03.2017 and 21.03.2017 by Senior Technical and Security Officers concluded deliberate tampering of the discharge valve and associated fittings, with .2 I Page no other structural defect or mechanical failure evident. A Police FIR under Section 427 IRC was lodged on 17.04.2017, and while the Final Report filed on 16.12.2017 did not identify the offender, it reiterated the possibility of sabotage by an unknown person(s) intending financial loss.