FERRYGOLD INDIA LTD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This complaint was filed on 19.12.2001 claiming an amount of over Rs. 12.00 crores on the alleged ground of deficiency in service on the part of the first opposite party-National Insurance Co. Ltd. in not meeting the insurance claim of the complainant for fire to his factory. This is how the prayer in the complaint was made.

(2.) There were as many as six opposite parties - Chief General Manager, Rehabilitation Finance Department, IDBI, Mumbai and Assistant General Manager, Overseas Branch, State Bank of Hyderabad - were impleaded as opposite party Nos. 5 and 6. Opposite party Nos. 2, 3 and 4 were various officers of the first opposite party Insurance Company and were sued in their official designation. When the matter came up before us for admission we expressed our unhappiness the way reliefs were claimed which appeared to us not only unrealistic but also exorbitant. We gave opportunity to the complainant to amend the complaint. Amended complaint has been filed. Now there are three opposite parties who were earlier opposite parties 2, 3 and 4. Relief claimed now reads as under :

(3.) It would appear that after the intimation of fire was given to the opposite party-Insurance Company. It appointed three Surveyors namely, (i) M/s. Moinuddin Mohammed & Company; (ii) M/s. J.B. Boda Surveyors Pvt. and (iii) M/s. Sisir & Ravi Associates. By letter dated 20.12.2001 opposite-party-insurer repudiated the claim on the grounds; (i) complainant had submitted fabricated purchase order to the Surveyors thereby violating condition of the fire policy; (ii) finished goods stored in the godown were not covered under the policy; and (iii) complainant had disposed of all the salvage of the damaged goods without the consent of the Surveyor/insurer which deprived the opportunity for assessing the loss/damage properly. This letter of repudiation though was issued after date of filing of the original complaint but before filing of the amended complaint on 16.4.2002.