NARENDRA NATH HAZRA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The complainant, Sri Narendra Nath Hazra has filed this case before the Commission against the O. Ps. , namely United Bank of India (O. P.1) and National Insurance Co. Ltd. (O. Ps.2, 3 and 4 ). The facts of the complaint petition are briefly stated hereunder :

(2.) The complainant started a Poultry business for which he purchased birds and other necessary articles, the total value of which was assessed at Rs.5,00,000.00. The complainant took loan from O. P.1 and according to him the birds as well as the building, fittings, fixtures and other equipments were insured with O. Ps.2, 3 and 4. The Bank and the complainant were the insured. According to complainant the sum assured by the policy was Rs.5,00,000.00. In regard to the policy, the Bank used to pay premiums periodically. On 24.3.1998 his poultry farm was badly affected by a tornado as a result of which the entire poultry farm including the structures and other fixtures was completely destroyed. The complainant intimated the loss to the Bank and the Insurance Company, but the Insurance Company failed to take any action for payment to the complainant. However, the complainant has stated that a small amount of Rs.8,500.00 was assessed as compensation by the Insurance Company and a draft for the same amount was sent to the O. P.-Bank. As the complainant did not receive any positive response from the Insurance Company, he has filed this case for a total amount of compensation of Rs.9,00,000.00 including the insured amount of Rs.5,00,000.00.

(3.) The O. Ps. have contested the case by filing written versions. O. P.1 i. e. United Bank of India has stated that there is no allegation or claim against them inasmuch as the complainant is a borrower of Bank and in the matter of payment of compensation for the damage caused by tornado the Bank has nothing to do. The O. P.1 has further stated that the complainant had earlier filed a case on the self same cause at the Midnapore District Forum, but the same was withdrawn by the complainant on 7.3.2000. According to the Bank, as the case was withdrawn at the Forum, the present case is not maintainable before the Commission.