ASHOK CONSTRUCTION CO Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This is a complaint filed by M/s. Ashok Con- struction Company through its partners against the opposite parties under S.12 read with S.17 (1) (a) (i) of the Consumer Protection Act, 1986 ("the Act" herein) on 29.8.89. Facts as stated in the complaint are these:

(2.) The complainant is a registered partnership firm duly registered with the Registrar of Firms, Rajasthan Jaipur in the year 1985. Its partner are (1) Shri Ashok Singhal and (2) Shri Kishore Kumar Singhal, Partners took a loan of Rs.2,00,000/- from the Bank of Rajasthan, opposite party No.3 (in the complaint it is mentioned as proforma party opposite party No.3) under hypothecation agreement. It was a condition of the loan that the hypothecated goods are to be duly insured. The Rajasthan Bank proforma party got the hypothecated goods insured for the complainant on 29.12.86 with opposite party No.2 (National Insurance Co. hereinafter referred to as insured) under two separate cover notes. The details of two cover notes are as follows: 1. Cover note bearing No.636749 for Rs.3,00,000/- against risk of loss or damages by burglary. The period of risk for which the cover note was valid was from 29.12.86 to 28.12.87.2. Cover note No.43650 for a sum of Rs.3,00,000/- for the period 29.12.86 to 28.12.87 against the various risks of damage or loss caused by fire, lightning and R. S. D. , M. D. , earthquake, flood etc.

(3.) The complainant has filed both the cover notes marked as Anxs.1 and 2. It has been alleged by the complainant that on 16.6.87 after 5.00 p. m. till late in the night heavy loss or damage to the hypothecated goods occurred at the insured's site by the members of an outraged and furious crowd of thousand of persons assembled at the site by committing offences of riot and theft/burglary for a reason that mishap had occurred. In the complaint it was stated that the said crowd was not only bent upon taking lives of the complainants namely Ashok Kumar and Kishore Kumar but of all the employees and workers who were employed on that day at that place. The complainant immediately reported loss or damage to the Branch Manager of the insured in writing and apprised him by telephone on 17.6.87. The complainant is said to have submitted a list of goods damaged or taken in theft/burglary with value of each item and total loss or damage so caused to the complainant. The formalities required to be done in this connection were done by the partners of the insured. According to the complainant loss or damage so caused was of Rs.2,59,710,78. On repeated requests the insurer deputed the surveyor who verified the loss or damage claimed by the complainant from the insured under the cover notes of the policies. Copies of the First Information Report and Final Report (FR) were also submitted, photostat copies have been marked as Anxs.4 and 5. The complainant has stated that for a period of 26 months from the date of incident, the insured did not settle the claim of the insurer though repeated requests were made by the complainant and the Bank of Rajasthan. The complainant has filed a letter dt: 15.3.89 bearing No.352103/31/32/86-88/2 stating that the case of the complainant has been registered by the police as theft/burglary in terms of S.379 of I. P. C. which does not support the view that the loss has been occasioned of the "operation of the perils covered under R. S. D. extension. The complainant apprised the insurer that its claim is not only covered by burglary but also by R. S. D. clause which means damage or loss by rioting. Letters sent by the complainant to the insured were produced as Anxs.7 to 10 and 11 to 24. According to the complainant it had apprised the insurer that on the claim amount interest shall also be charged. Copy of the interest and loan account was sent to the insurer vide letter of the Bank of Rajasthan informing the complainant that amount due to the Bank inclusive of interest upto 25.3.89 is Rs.2,72,339/-. On account of the delay in the settlement of the claim and disputing the liability to pay the claim and interest, the complainant filed the complaint before the State Commission on 29.8.89. The complainant seeks the following reliefs: 1. that the claim amount of Rs.2,59,710.78 detailed in para 2 of the complaint may be awarded.2. that interest @ 24% p. a. on the claim amount from 16.6.87 to this date with further interest at the same rate till the claim is fully paid by the insurer to the complainant's banker namely Bank of Rajasthan pro forma party may also be awarded.3. that an amount of Rs.1,00,000/- for the mental torture and agony suffered by the complainant due to the negligence of. the insurer was also claimed. Costs amounting to Rs.2,000/- were also claimed. The complainant thus filed the complaint for award of Rs.4,96,710.78/-. The complain- ant has submitted various documents with the complaint. The relevant and material documents will be referred hereafter as and when necessary.