NATIONAL INSURANCE COMPANY LTD Vs. SAREE POINT

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 7.3.2013 in appeal No.358 of 2011 of the petitioner (hereinafter called the insurance company) whereby the appeal was dismissed.

(2.) The appeal had been filed by the petitioner against the order of the District Forum dated 13.7.2011 in consumer complaint no.15 of 2011 of the respondent whereby the claim of the respondent (hereinafter called the complainant), was allowed and following directions were issued :

(3.) The brief facts of the case are that the complainant had insured his shop cum godown situated on the 3rd Floor at Doctor Danga, Chaibasa Road, Holding No.312, Purulia with the insurance company. He had purchased two insurance policies, one for the shop and other for the godown. During the validity of these policies, a fire had broken out at about 11.25pm on 28.12.2006 wherein his shop and godown were gutted. The local police and the fire brigade were duly informed and it took about two and a half hour for fire tenders to extinguish the fire. The incident was reported under G.D. No.1210 dated 29.12.2006, the complainant also informed the insurance company about the incident. Insurance company appointed Sh.Pravakar Kumar Roy for the preliminary survey. He had submitted his report on 3.1.2007. The preliminary surveyor confirmed the incident of fire in the shop as well as in the godown of the complainant. The insurance company thereafter appointed the surveyor namely Mr.J.M. Dugar of Apex Surveyors Pvt. Ltd. who had assessed the losses. The surveyor has submitted his report on 22.12.2008. Thereafter, the insurance company wrote a letter dated 12.1.2009 to the complainant asking for certain documents from him. Complainant being dissatisfied from the attitude of the insurance company filed his complaint on 5.2.2009.