DEEPAK Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The complainant/petitioner who was running a business under the name and style of Shyam Trading Company obtained a fire and alleged perils policy for value of Rs.15 Lakhs from the respondent National Insurance Company Ltd., for the period from 04.11.2001 to 03.11.2002. A fire broke out in the shop of the complainant at about 08.30 PM on 08.11.2001 and according to the complainant, he suffered loss of Rs.14,07,580/-, including damage to the building and furniture to the tune of Rs.1 Lakh. The intimation of the fire was given to police as well as to the insurance company though Fire Service was not informed. A surveyor was appointed by the insurance company to inspect the shop of the complainant/petitioner and assess the loss to him. The surveyor reported that there was no electric supply in the shop of the complainant in that night and therefore there was no possibility of the fire breaking out due to short circuiting as had been claimed by the complainant. He also reported that the complainant had submitted two purchase bills of Rs.15 lakhs, which on verification were found to be fake. It was also noticed that the complainant had not been able to prove the bills against the purchases alleged to have been made by him nor was he having any record of the sales made by him. It was also noted by him that the insured had not called fire tenders to put of the fire. The claim having been rejected on the basis of the report of the surveyor, the complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the insurance company, primarily on the ground that the investigator appointed by them had reported that there being no electric supply in the shop of the complainant since the wire which had taken from the adjoining shop had been removed by the complainant while closing his shop there was no chances of short circuiting in his shop. It was also alleged in the reply that the purchase invoices submitted by the complainant were fake.

(3.) Vide order dated 05.06.2014, the District Forum directed the insurance company to pay a sum of Rs. 5 Lacs to the complainant along with interest @ 12% p.a. from the date of filing of the complaint and litigation charges quantified at Rs.2200/-.