RANI CHANDRA Vs. NEW INDIA ASSURANCE CO.LTD

JUDGEMENT

(1.) The complaint filed under Section 12 of the Consumer Protection Act- 1986 The complainant praying for claim of Rs.33,00,000/- towards policy claim due to fire accident on 1.5.2001 with interest of 18% and Rs.5,00,000/- towards compensation for mental agony, pain and sufferings and for costs.

(2.) The case of complaint in brief as follows : The complainant carrying business in leather goods run by her husband on behalf of her having power of attorney authorized to deal with the business. Complainant availed Standard Fire and Special Perils Policy bearing No.710802 dated 11/00/01852 for the period from 23.3.01 to 22.3.02 from the 1st opposite party covering the stocks and stock in process kept in 12-C, Langs Garden Road, Chennai 600 002 for a sum of Rs.33,00,000/-.

(3.) The 1st opposite party functioning under the control of 2nd opposite party having control by the opposite parties 3 and 4 and 5th opposite party the bank providing facilities relating to the business to the complainant. There was a fire accident on 1.5.2001 due to electrical short circuit the entire stocks of leather worth Rs.50,00,000/- had been completely destroyed. On 4.5.2001 the claim was made to the 1st opposite party signed by the complainant?s husband. By appointing surveyor preliminary enquiry was conducted by the 1st opposite party. They have inspected the property spot for physical verification as well as books of accounts and records and to assess the extent of loss. Subsequently an investigator seems to have been appointed by the opposite party and without having any enquiry with the complainant, the 1st opposite party by the letter dated 8.8.02 repudiated the claim by stating that the claim was fraudulent, vexatious and on various offer grounds and also stated claim was not made by the complainant and there was no contract between the complainant?s husband and the insurance company. The various allegations regarding the repudiation of claim are all false and baseless and thereby sent a letter to the 3rd opposite party seeking review by the grievance cell and it was informed on 5.11.02 by confirming repudiation. Hence legal notice was issued on 30.5.03 to the 1st opposite party. In the reply notice dated 30.5.03 they maintain the same contention and thereby the complainant filed this complaint claiming the relief as stated above.