RADHESHYAM MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has claimed that he purchased a plot of land by Sale Deed dated 14th February, 2000 appertaining to R.S. Plot No. 857 measuring .024/5 acres under R.S. Khatian No. 38 of Mouza Barhmohanpur, Belda P.S., Distict- Paschim Medinipur and constructed a shop room in the name and style of "Kunja Behari Bastralaya" for dealing with the business of cloths since he was unemployed. He applied to the State Bank of India, Belda Branch for a loan of about Rs. 7,00,000/- towards cash credit facility and Rs. 70,000/- towards overdraft to enlarge the business, which was granted by respondent no. 5. Wwith that money he purchased cloth and cloth materials amounting to more or less Rs. 20,00,000/-. He also insured his shop with the respondent authorities nos. 2 to 5, New India Assurance Company Limited to the extent of Rs. 17,32,000/- being policy no. 512602/48/06/34/00000478, 83000006 and 83000008 under shop keepers policy. Unfortunately, on 11.12.2006 at about 20:30 p.m., his entire shop was destroyed by fire. At that time, there were clothing materials worth Rs. 18,01,640/-, furniture worth Rs. 1,30,000/- and cash of Rs. 53,000/-, in his shop which were totally destroyed. With the help of the West Bengal Fire Service, the fire of the shop was extinguished and they issued a certificate to this effect dated 2.1.2007. He also lodged FIR with the Officer-in-Charge, Joragaria Police Station, Khakurda, Paschim Medinipur under G.D. Entry No. 329 dated 12.12.2006. The Branch Manager, respondent no. 5, State Bank of India, Belda Branch, visited his shop and communicated on 12.12.2006 the incident to the insurer, respondent no. 4. The President and the Secretary of Khakurda Bazar Bastra Babsahi Samity and the Secretary of Khakurda Bazar Development Committee also issued certificates relating to breaking out of fire as well as damage and destruction of his shop thereby.

(2.) Thereafter, he applied before the respondent authorities claiming fire insurance amount of Rs. 20,00,000/- in the prescribed form against the sum insured. On receipt of such application, respondent no. 4 appointed one A. K. Talukdar to survey and assess the loss sustained against his insurance policy. On 19.12.2006, the said Surveyor issued a notice to the petitioner to furnish certain documents in support of his claim followed by another notice dated 12.1.2007 for confirmation of phase-wise enhancement of the insured sum to the tune of Rs. 17,32,000/-. The Senior Divisional Manager of the Assurance Company also sent a letter to him to clarify seven points in support of his claim of compensation for damages against the fire insurance only to deny any payment to be made by them against such insurance on the basis of report of the Surveyor. Ultimately, the petitioner issued a lawyer's notice on 12.7.2007 demanding justice to all concern but to no effect. Therefore, he has come up before this Court with a prayer for directing the respondents, their agents, servants and associates not to give any effect or further effect of the letter dated 15th May, 2007 as well as letter dated 24th July, 2007 issued by the Senior Divisional Manager of the New India Assurance Company Limited, Haldia Divisional, Purba Medinipur and to direct them to take steps for making payment of the claim amount as specifically admitted in the insurance certificate amounting to Rs. 17,32,000/- in terms of his aforesaid insurance policy.

(3.) Despite service of notice none appeared on behalf of the respondents.