HARYANA STATE CO-OPERATIVE SUPPLY & MARKETING FEDERATION LTD Vs. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This revision petition has been filed by the complainant, namely, Haryana State Co-operative Supply and Marketing Federation Ltd. (HAFED) in respect of its insurance claims which was allowed by the respondents/opposite parties partly.

(2.) Briefly stated, the facts which are relevant for deciding this revision petition are that the petitioner got four sites of wheat stocks insured with OP Insurance Co. for a sum of Rs.35.28 crores vide insurance cover note No.41275855 dated 4.6.2008 against standard fire and alied perils for the period from 4.6.2008 to 3.9.2008. During the intervening night of 14/15th June 2008, because of heavy rains, the wheat stocks of the complainant got damaged. According to the petitioners, as per the report of the surveyor, an amount of Rs.24,24,710/- was payable to them but the OPs paid only Rs.4,72,263/- and did not pay the balance amount despite repeated requests sent to them. A consumer complaint, therefore, came to be filed against them with the District Forum for the balance amount along with interest @ 18% p.a. and costs. The OPs/respondents contested the claim and submitted that after considering the reports of the two surveyors, the claim of the petitioner was finally assessed by a senior surveyor who arrived at a net loss of Rs.4,86,412/- which was the maximum liability of the respondents. Accordingly, a Demand Draft dated 5.2.2009 of Rs.4,72,381/- was sent to the petitioners by them in full and final settlement of their claim vide respondents' letter dated 19.2.2009. It was, however, admitted by the respondents that a sum of Rs.14,031/- was further admissible to the petitioner. Denying any kind of deficiency in service, the respondents prays for dismissal of the complaint.

(3.) After hearing the parties and considering the evidence before it, the District Forum accepted the complaint and issued direction to the respondents vide its order dated 19.3.2010 to make the payment of a sum of Rs.19,52,447/- to the complainant/petitioner with interest @ 9% p.a. from the date of the complaint till realisation along with cost of Rs.5,000/-. Aggrieved by this order of the District Forum, the OPs filed an appeal before the Haryana State Consumer Disputes Redressal Commission, Panchkula ('State Commission' for short) which allowed the appeal and set aside the order of the District Forum with the direction to the OPs/respondents to pay Rs.14,031/- to the petitioner along with interest @ 6% p.a. and Rs.2,000/- as cost of litigation. The petitioner has now challenged this order of the State Commission through the present revision petition.