RAMESH CHANDRA VERMA Vs. AEN PHED

JUDGEMENT

(1.) Complainant, Manmandir Synthetics Pvt. Ltd., has filed this complaint alleging deficiency in service on the part of the opposite party, New India Assurance Co. Ltd.

(2.) Undisputed facts of the case are that the complainant had a live and existing policy covering risk of fire etc. for a period between 31.12.1998 to 30.12.1999. There is also no dispute that there was a fire episode on the night of 14th and 15th January, 1999 resulting in loss of stock of yarn as also 'grey' material. Upon the episode of fire, fire brigade was called and it helped to the extent it could to extinguish the fire. But as per the complainant himself, the Fire Brigade authority stated, "it is difficult to control the fire and if water is thrown, the ceiling of building may fall on looms..." The matter was reported to the Insurance Company as also to the Police. Consequent upon the episode, claim form was also submitted.

(3.) Upon receiving intimation of the fire, the Surveyor was appointed by the opposite party, who after primary survey, suggested to the opposite party to appoint an Investigator' who was appointed and subsequently the Surveyor was provided with whatever material/information was sought from complainant, yet the claim was not getting settled despite repeated requests orally as well as in writing. It is in these circumstances, this complaint has been filed praying for compensation of Rs. 27,00,000/- being the cost of material being loss in fire along with interest @ 18% and Rs. 2,00,000/- for trauma and torture.