ABDUL QADIR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This complaint has been filed by Sh. Abdul Qadir, Proprietor of M/s. Roshan Taj Matches Company for recovery of Rs.30,00,000/-, the insured amount along with interest and Rs.1,00,000/- as damages for mental torture and harassment against the Insurance Company, i. e. The United India Insurance Co. Ltd. , which has repudiated the claim of the complainant.

(2.) According to the complainant's case, the complainant is an OBC unemployed graduate. With a view to earn his livelihood he started his own small venture of sale of safety matches. The stock was kept by the complainant at the godown, at Bacchi Nagar, No.1 Kamalva Ganja, Haldwani belonging to his father Abdul Razzaq. He had taken a Standard Fire and Special Perils Policy in the name of his proprietary concern M/s. Roshan Taj Match Company. The policy was effective from 20.7.2000 to 19.7.2001. It was for a sum of Rs.30,00,000/- for the articles in the godown, i. e. , safety matches. It is further alleged that the godown itself was insured for Rs.5,00,000/- for the same period. In the night of 13/14th May, 2001, during the insurance period, there was a heavy storm/rains in Haldwani whereby the matchbox stock of the complainant was kept, caught fire. The complainant lodged a report at the police station and also informed the fire brigade. It is said that the entire stock was totally damaged and burnt. The complainant sent the initial intimation to the Insurance Company on 14.5.2001 and he submitted his claim bill for Rs.27,79,797/- on 1.7.2001. There was also returnable stock valued at Rs.1,08,917/-. There was also stock of 2500 bundles purchased for Rs.3,02,500/-, which was not shown in the stock register. Thus the complainant has suffered a loss of Rs.30,00,000/-. The Insurance Company appointed Sh. Saxena, who did not submit any report. However it again appointed Sh. V. K. Kapoor, who has acted in most mala fide and hostile manner and on 8.11.2002, the Insurance Company sent a communication to the complainant that they are ready to pay Rs.2,89,797/- as full and final settlement of the claim. The complainant, therefore, filed the complaint for recovery of Rs.30,00,000/- along with interest and compensation of Rs.1,00,000/-.

(3.) The Insurance Company contested the claim and alleged that at one hand it is said that the complainant is an unemployed graduate of other Backward Classes and he has started the business for his livelihood but on the other hand he is said to have kept a stock of Rs.30,00,000/-, which cannot be said merely for livelihood. It is for great profit. It was said that this is for commercial purposes and, therefore, the complaint shall not lie. It is said that complicated issues are involved, voluminous evidence is to be laid, therefore, case cannot be adjudicated in summary proceedings.