PARSVNATH BUILDWELL PRIVATE LIMITED Vs. NAVEEN AHUJA

JUDGEMENT

(1.) These are cross appeals filed by the Insurance Company and the complainant, a private limited company that runs a Jute processing unit and factory Eastern Jute Mill, Ali Hyder Road, Titagarh, North 24 Parganas, West Bengal. The challenge raised is to the order of the State Consumer Disputes Redressal Commission, West Bengal, Kolkata (hereinafter referred to as 'the State Commission') dtd. 15/6/2016, whereby the claim filed by the complainant seeking full indemnity under the insurance cover for the loss suffered in a fire in the factory has been partly allowed, to the tune of Rs.22,90,542.00 as against the entire claim of Rs.65,82,600.00 along with other ancillary benefits.

(2.) The facts have been stated in detail in the impugned order but in order to briefly give a prelude, it would be apt to briefly sketch the background in which the claim was made.

(3.) The admitted facts are that the risk of the factory and the goods kept therein were secured including the building, stocks, plants and machinery under a policy of the National Insurance Company Limited. The duration whereof was from 17/8/2011 to 16/8/2012. The fire broke out at 11:35 a.m. in the morning hours of 29/10/2011 about which information was sent to the Police Station, the Fire Brigade as well as the Insurance Company. The Fire Brigade was able to douse the fire by late night on the same day.