META INDUSTRIES Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This complaint is filed under Sec. 21 of the Consumer Protection Act, 1986 (in short, 'the Act') alleging deficiency in service on account of repudiation of his claim under the Standard Fire and Special Perils Policy issued by the opposite party.

(2.) The facts, in brief, of the case are that the complainant which is a partnership firm had obtained Standard Fire and Special Perils Policy no.360300/11/11/01/00000205 for the period 29/7/2011 to 28/7/2012. It is contended that this policy had been initially obtained by it in 2008 as the complainant is engaged in the business of exporting stainless steel houseware and cookware products. The policy was categorised as Engineering Workshop including plant and machinery and stocks, furniture, fixtures and fittings uptill 2011. In 2011-2012 the complainant did not include the plant and machinery in the policy related to its trade. The word 'Stainless Steel Kitchenware and Packing Material' has been included in the description of risk. The policy was paid by way of premium for a sum of Rs.2,54,00,000.00. On 25/10/2011 at around 10.00 pm there was fire on the insured premises due to short circuiting. The opposite party was informed on 26/10/2011 as a consequence of which M/s Sanjay Dwivedi and Associates, Surveyors and Loss Assessors were appointed by the opposite party. The surveyor assessed the loss between 27/10/2011 and 30/5/2012 when the final survey and assessment report was submitted.

(3.) The loss assessed by the complainant was initially valued at Rs.1,80,00,000.00. However the loss assessed and submitted to the surveyor was Rs.1,00,48,385.83 which included the following: