SUBODH CHOUDHARY Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Mr. Subodh Choudhary, Petitioner herein, has filed the present revision petition being aggrieved by the order of the State Consumer Disputes Redressal Commission, Bihar (hereinafter referred to as the 'State Commission') in First Appeal No.546 of 2004 in which the New India Assurance Co. Ltd. and Another, were Respondents.

(2.) The facts of the case according to the Petitioner are that he started a brick kiln industry after taking a loan of Rs.6,00,000 from the Madhubani Kshetriya Gramin Bank (Respondent No.2) and which in turn got the industry insured with Respondent No. 1 for a period of one year w.e.f. 25.6.2002. On 24.7.2002 due to heavy rains in the area, Petitioner's brick kiln industry suffered excessive damage and the Petitioner immediately informed the Respondent/Insurance Company who in turn informed the Petitioner/Bank about the incident. A Surveyor was appointed by the Respondent/Insurance Company, who came to the site, took photographs and assessed the loss. However, after 4 months the Respondent/Insurance Company informed Respondent No.2 that since the insurance cover was only in respect of the stock of bricks of which there was no proof of any damages, and the claim was rejected.

(3.) Being aggrieved, Petitioner filed a complaint before the District Forum requesting that the Respondent/Insurance Company be directed to pay the claim of Rs. 4,37,500 (i.e. the loss incurred) with interest @ 18% per annum from the date of claim, Rs.25,000 for mental agony and Rs. 2,000 as litigation costs.