BAHAR CARPET Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE complainant is a business -firm, which manufactures and sells carpets under the name and style of "Bahar Carpets". He had insured his stocks in trade along with raw material with the OP under Policy No. 421004/11/99/31/00256 for a sum of Rs. ten lacs. The Insurance Policy was in force from 10.6.1999 to 9.6.2000. It is alleged that during the intervening night of 16/17th December, 1999, fire broke out in those premises where the insured stocks and raw material were stored and the entire insured stock of trade and raw material were gutted. The incident had occurred during the currency of the Insurance Policy. The occurrence was reported in the concerned Police Station under report No. 9 dated 17.12.1999. Simultaneously, the claim was also raised with the OP. Consequently, OP deputed M/s. Sharma Surveyors to assess the loss. Mr. Kuldeep Sharma proprietor of M/s. Sharma Surveyors visited the site and vide his letter dated 10.1.2000 demanded record from the complainant as delineated in Para 4 of the complaint. According to the version of the complainant, he had given all the required documents to the Surveyor which fact stands proved from his replies dated 1.7.2000 and 18.9.2000 given by him to the letters of the Surveyor dated 30.5.2000 and 30.8.2000 respectively. The competence of the Surveyor has also been challenged to assess the loss on the ground that he is an engineer by qualification and does not have the requisite expertise to make assessment of the loss of the s tocks in trade and insured raw material. Claim was not settled by the OP and the complainant has claimed the following reliefs:

(2.) CLAIM has been resisted by the OP. In the written version, preliminary objections were raised that it is a false and fabricated claim. That on 18.12.1999, Mr. Ishtiyaq Hussain, Surveyor was deputed for spot inspection but he could not assess the approximate cost of the loss, as the complainant had not co -operated with him. Thereafter, Mr. Kuldeep Sharma of M/s. Sharma Surveyors was deputed for verification and assessment of loss but the documents, which were required by him, were not given to him. Mr. Kuldeep Sharma, Surveyor had received written information from one Bashir Ahmad Wani r/o Shilwat Sonawari and Gh. Mohd. Rather r/o Baharabad, Sonawari, wherein it was alleged that the complainant had destroyed some pieces of carpets and some raw material by setting them on fire in a small room attached to the main building in order to get fraudulent claim from the OP. Communications between the Surveyor and the complainant have been mentioned in detail in the written version. That Mr. Kuldeep Sharma, Surveyor had pointed out that due to non -submission of documentary proof by the complainant, he had recommended the appointment of an Investigator with regard to the genuineness of the claim and on his request OP had referred the matter to M/s. Jehlum Investigating Agency for investigation of the loss but without waiting for the result of investigation the complainant filed the complaint.

(3.) IN support of the complaint, the complainant has filed his own affidavit and he was cross -examined by the OP. He has also examined Sh. Kalim Wahidi as a witness, who has given his evidence in the Commission on oath. OP has examined Sh. Kuldeep Sharma, Surveyor as a witness.