NARSINGH ISPAT LTD Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This is an appeal under Sec. 23 of the Consumer Protection Act, 1986. The appellant has challenged the judgment and order dtd. 18/10/2016 of the National Consumer Disputes Redressal Commission (for short, 'the Commission'). By the said Judgment, the Commission dismissed the Consumer Complaint No.165 of 2012 filed by the appellant.

(2.) The appellant had taken Standard Fire and Special Perils Policy from the respondent-­insurance company for the period from 28/6/2009 to 27/6/2010. The policy was in respect of Engineering Workshop and Plant at Village Khunti District Saraikela, Jharkhand. The total sum assured was Rs.26,00,00,000.00­ under different headings. The appellant paid a premium of Rs.2,20,462.00­. According to the appellant, the policy covered the loss caused to the property of the appellant on account of fire, lightning, explosion, riots, strike etc.

(3.) The appellant lodged a claim on the basis of the said policy, based on the incident of 23/3/2010. As per the claim made by the appellant, after midnight of 22/3/2010, about 50-­60 antisocial people with arms and ammunition entered the factory premises of the appellant at Village Khunti, District Saraikela in Jharkhand. According to the appellant's case, the mob demanded money and jobs for local people. According to the case of the appellant, substantial damage was caused to its factory, machinery and other equipment. According to the appellant, the object of the incident was to terrorise the management of the appellant and workers in the factory by forcing them to pay a ransom to the miscreants. A First Information Report was also registered at the instance of the appellant based on the said incident. The appellant lodged a regular claim with the respondent company on the basis of the policy. According to the appellant's case, a surveyor appointed by the respondent-­insurance company carried out the survey and assessed the loss at Rs.89,43,422.00­. However, by addressing a letter on 21/12/2010, the appellant claimed that the respondent-­insurance company was liable to make an interim payment of Rs.1.5 crores.