UNITED INDIA INSURANCE CO. LTD. Vs. RENUKA GURUNG

JUDGEMENT

(1.) This Revision Petition No.1800 of 2017 was filed on 12/6/2017 challenging the impugned order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('State Commission') dtd. 25/1/2017. Vide this order, the learned State Commission allowed the Appeal No. FA/36/2013 in part and modified the order of the learned District Consumer Disputes Redressal Forum, Darjeeling ('District Forum') dtd. 23/11/2012 and directed the Petitioner/OPs to pay Rs.10,00,800.00 to the Respondent/Complainant with interest @ 8% p.a. thereupon from 20/4/2012 along with litigation cost of Rs.10,000.00.

(2.) As per the report of the Registry, there is a delay of 40 days in filing the present Revision Petition. However, as per I.A. No.10178/2017, there is a delay of 44 days. For the reasons stated in the Application, the delay is condoned.

(3.) The brief facts of the case, as per the Complainant, are that the Complainant purchased a Standard Fire and Special Perils Policy from the OPs in respect of her residence (building and household goods). The risk covered by the policy was for Rs.11,12,000.00 and the policy was valid from 26/8/2011 to 25/8/2012. On 20/4/2012, at about 1.30 AM a huge devastating fire broke out in the locality of the Complainant. As a result, the shop and buildings including the residence of the Complainant were totally gutted down. The Complainant could not save the household articles including important papers. The OP was informed of the loss and damages on the same day (20/4/2012) and the Sadar Police Station was informed on 26/4/2012. A claim was filed on 20/4/2012 along with necessary documents for Rs.11,12,000.00 the maximum amount covered by the policy, though the loss she suffered was Rs.50,00,000.00. During her visit to the Divisional Office of the OP, she came to know that the OP wanted to settle the claim for damages as made by the surveyor, without consideration of the papers submitted by her. The OPs committed deficiency in service by neglecting to settle the claim properly. Hence she filed a complaint in the District Forum. The complaint was challenged by the OPs that it was not maintainable in so far as she did not file any document which would substantiate the claim. A licensed Surveyor was appointed for investigation into the matter. Based on the survey report, the OP decided to offer compensation of Rs.1,85,897.00 for the entire property loss. She was informed of the offer of assessed compensation. But she declined to accept the offer by filing necessary documents and instead, filed a complaint with unrealistic and exorbitant claims.