H U D A Vs. R D KHURANA

JUDGEMENT

(1.) The complainant-M/s. Geeta Plastic Works, Hoshiarpur through its General Attorney Shri Joginder Singh has filed this complaint before the State Commission praying that the opposite parties may be directed to pay to the complainant Rs.1,29,770-75 as detailed in paragraph 13 of the complaint.

(2.) For the limited purpose of this order relegating the complainant to the arbitration (if so advised) it is not only necessary but would be wasteful to delve too deeply into the facts and merits. It suffices to notice them in the barest out-line.

(3.) The complainant-firm, which is engaged in the manufacturing of plastic articles such as electric shades, bottles, glasses etc. since 1989, got insured all its stocks, machinery and building with the National Insurance Company, Hoshiarpur (for short 'the Insurance Company') for Rs.3,50,000/- for the period commencing from 28-3-1991 and valid upto 27-3-1992. Since the machinery etc. were hypothecated with the Central Bank of India, Hoshiarpur the Insurance was got effected by it on behalf of the firm. Suffice it to mention that on the night intervening 20/21-11-1991, the fire broke-out in the factory-premises of the complainant at about 1.00 a. m. The complainant lodged the F. I. R. with Police Station, Sadar, Hoshiarpur on 21-11-1991 and on the same day the Insurance Company was also informed about the said incident and a claim of Rs.1,85,010-75 was filed for the loss suffered by it. The Insurance Company appointed a Surveyor who assessed the loss to the tune of Rs.44,415/- and the same was credited to the account of the complainant-firm in the Central Bank of India, Hoshiarpur on 7-7-1992 and a copy of the same was sent to the complainant-firm for information. It is alleged that the said amount was never accepted by the complainant-firm. The complainant-firm represented to the Insurance Company that its case be re-considered and the amount of Rs.1,75,016/- as assessed by its Surveyor be awarded to it. Unable to get redress, the present complaint was filed by Shri Joginder Singh, General Attorney of the complainant-firm to seek relief as prayed in the complaint.