PHOOL SAY KUSHWALA S/O SHRI JAGESAR RAM SWAMI, M/S. KISAN PARAMARSH KENDRA, PARRI, DISTRICT SARGUJA CHHATTISHGARH Vs. ORIENTAL INSURANCE COMPANY & ANR. BRANCH AMBIKAPUR, AMBEDKAR CHOWK, DISTRICT SURGUJA CHHATTISHGARH

JUDGEMENT

(1.) - Revision Petition No.2724 of 2015 has been filed by the petitioner-complainant against the order dated 31.07.2015 passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (short, State Commission ) in F.A. No.794/2014.

(2.) The facts of the case as per the petitioner-complainant are that he is the owner of Farmers Consultation Center situated in Village Parri through Farmer Consultation Center. He runs a business of selling seeds, fertilizer and medicines and earns a living for himself. The above mentioned consultation center was insured with the respondent no.1/OP No.1 under policy no.2008/1462 for the period from 06.08.2007 to 05.08.2008. The petitioner on 23.03.2008 had shut down his shop at 9:00 PM and gone when at midnight 1:00 AM his shop neighbor Sh. Ravishankar Rajwade and Arjun Kushwaha shouted and woke him up and informed about the fire in his shop. He then went to the shop and after opening the lock was able to put out the fire with the help of villagers. With the above stated fire incident all the papers and stock in the shop were also burnt and destroyed. The complaint regarding the fire was given verbally to the Surajpur police station on 23.03.2008 where fire accident was registered vide number 05/2008. The incident of fire was intimated to the insurance/OP No.1 by the petitioner on 24.03.2008. The claim submitted by the petitioner was registered vide number 48/2008/1462 and surveyor Sh. Pawan Aggarwal and Sh. Gambhir were appointed to assess the damage caused due to the fire.

(3.) The petitioner had taken a loan from Central Bank of India, Mahgaon Branch/O.P. No.2 to open the consultation centre and as security the stock kept in the shop was mortgaged and physically verified by the bank. On the demand of O.P. No.1-insurance company copy of Daily Report, prepared by Central Bank-O.P. No.2 complete details of the damage along with a copy of stock list dated 01.03.2008 was submitted to O.P. No.1. But even after 2 years the relief amount was not given and also no information was given to him. During the incident there was stock of medicines, seeds and fertilizer worth Rs. 7,47,000.00 (Rupees Seven Lakhs Forty Seven Thousand only) that got destroyed. When for 2 years the damage relief amount was not given appellant on 08.03.2010 submitted miscellaneous information to which the insurance company replied on 12/03/2010 offering to settle the damage by giving an amount of Rs. 46,254.00. A copy of surveyor report was requested by the petitioner but was not provided to him. The insurance company committed deficiency in service by not providing the damage relief amount of Rs. 7,47,000.00. The petitioner filed a complaint before the District Consumer Disputes Redressal Forum, Surguja-Ambikapur (short, District Forum ) for the claim amount with 18% annual interest from the O.P. no.1.