NEW INDIA ASSURANCE CO LTD Vs. PRONOBANANDA DUTTA

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order dated 24.3.2010 passed by North 24 Parganas District Consumer Forum at Barasat in C.C. Case No. 211/2006 wherein the learned District Forum allowed the petition of complainant with a direction upon the OP to pay Rs. 3,50,000 to the complainant together with interest.

(2.) THE case of the complainant/ Respondent before the learned District Forum, in brief, was that the complainant deals in a business of selling sewing machines and other electronic equipments after obtaining loan facilities from a nationalized bank by maintaining cash credit account. It was the complainant/Respondent's further case that for the purpose of ensuring the safety of the commodities the complainant obtained insurance coverage from the OP/Appellant on payment of valuable consideration since 1987. The complainant was renewing the insurance policy from time -to -time as per rules and regulations of the insurance policy. It was the further case of the complainant that on 13.2.2006 a fire broke out in the shop of the complainant, due to which 90% of the stock of the complainant's shop got gutted. According to the complainant's case, the complainant was maintaining a stock to the tune of Rs. 3,50,000 and the same was regularly checked and verified by the bank from which cash credit facility was obtained by the complainant and in the process the complainant also obtained a overdraft facility to the tune of Rs. 2,50,000. The incident of fire was duly informed to the OP/Insurance Company. The employees of the Insurance Company duly visited the shop of the complainant and submitted a report about the damage of the commodities kept by the complainant in the shop due to fire. However, the OP assessed the loss to the tune of Rs. 34,911 only and refused to consider the claim of the complainant without any rhyme and reason. Findingno alternative the complainant instituted the petition of complaint for redressal.

(3.) THE Appellant/Insurance Company contested the case by filing written version thereby denying all the material allegations of the petition of complaint contending inter alia that the loss was duly assessed by a competent Surveyor and according to the Surveyor's report the same was assessed at Rs. 34,911. In the absence of any cogent and reliable evidence in support of the complainant's case and in the absence of any deficiency in service at the instance of the OP, there was no merit in the petition of complaint and the same was liable to be dismissed. Learned District Forum while disposing of the petition of complaint has observed that there is no denial about the incident of fire, which broke out in the shop of the complainant and that the complainant having been successful in substantiating his case which has been amply corroborated by the bank in question so far as it relates to the stock in question of the complainant's shop and the valuation thereof, the complainant was entitled to the relief as prayed for and accordingly disposed of the petition of complaint in favour of the complainant as mentioned above.