UNITED INDIA INSURANCE CO. LTD. Vs. NOVEX ENTERPRISES

JUDGEMENT

(1.) This appeal has been filed by appellant against order dated 05.03.2009 passed by learned State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in complaint no. 33112001 M/s Novex Enterprises vs. United India Insurance Co. Ltd. by which while allowing complaint, opposite party was directed to pay Rs. 10,61,4661- towards loss of the goods and was further directed to pay Rs. 1,00,0001- as compensation for mental agony.

(2.) Brief facts of the case are that complainant / respondent obtained fire policy for Rs. 1 Crore from 31.01.2000 to 30.01.2001 from opposite party/ appellant. It was further submitted that addition premium was also given for covering loss due to flood. On 20.07.2000 there were heavy rains and inspite of best care, rain water entered premises of the complainant and caused loss of Rs. 1061466/-. Opposite party was intimated who appointed Mr. Rajiv Puri as Surveyor who visited the premises of the complainant. Complainant lodged claim with opposite party but opposite party vide letter dated 20.03.2001 closed claim on the basis that complainant failed to furnish relevant documents whereas, complainant had already furnished all the documents. Alleging deficiency on the party of opposite party, complainant filed complaint before State Commission. Opposite party resisted complaint and submitted that complainant provided stock register on 01.08.2000 and valued affected stock at Rs. 10,68,161/- which was not in the claim form. It was further submitted that complainant mixed all nature of stocks to show higher loss so surveyor could not conclude actual loss. Surveyor requested complainant to segregate stocks but they were not segregated. In such circumstances, claim was closed and prayed for dismissal of complaint. Ld. State Commission, after hearing both the parties, allowed complaint as mentioned above against which this appeal has been filed.

(3.) Heard Ld. Counsel for the parties and perused record.