MANOJ KUMAR DAGA Vs. DIVISIONAL OFFICE, MALVIYA NAGAR

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 9th November, 2001 in Complaint No. 94/99 by the District Consumer Disputes Redressal, Forum, Rajnandgaon (hereinafter called as Distt. Forum for short), dismissing the complaint of the complainant/appellant with the direction that the complainant shall be at liberty to seek redressal in the Civil Court.

(2.) UNDISPUTABLY , the complainant has Solvant Extraction Plant at Village Mohad. The stock of rice bran, de -oiled rice bran, de -oiled soyabean, de -oiled cake (for short D.O.C.), saal seed, and other articles are kept in the said industry. Undisputably, the complainant/appellant had obtained from the respondent Fire Policy C for the period from 29.9.1998 to 28.9.1999 for Rs. 10 lacs covering the risk from fire, etc. of the said stock. It is also not in dispute that in the afternoon of 19.6.1999, an incident of fire occurred in the said plant, resulting in damage to the D.O.C. stock. It is further not in dispute that the intimation of the incident was given by the appellant to the respondent/insurer who appointed Surveyor Engineer Naresh K. Jain. The Surveyor submitted his report stating that the occurrence was a result of spontaneous combustion . The respondents by their letter dated 13.9.1999, repudiated the claim of the complainant/appellant in view of exclusion clause, of the insurance policy which excludes coverage of risk due to loss on account of spontaneous combustion .

(3.) IT was averred in the complaint that the complainant had suffered a loss of Rs. 2,80,765/ - on account of fire as above. It was also averred in the complaint that the complainant reached the spot immediately on receiving information about the incident of fire and took steps for extinguishing the same. As a result of fire, stock of D.O.C. to the tune of Rs. 2,80,765/ - was damaged, as detailed in Schedule A to the complaint. It was further averred that the damaged stock was inspected by the Surveyor. It was alleged by the complainant that the repudiation of his claim on the ground of spontaneous combustion was not justified. The complainant, therefore, prayed that the respondents be directed to pay him compensation of Rs. 2,80,765/ - with interest, etc.