KHADI UDYOG JATHLANA THROUGH ITS SECRETARY SH. RAJESH SINGLA, VILLAGE MANGLAI, TEHSIL & DISTRICT AMBALA HARYANA Vs. ORIENTAL INSURANCE CO. LTD. THROUGH ITS SENIOR DIVISIONAL MANAGER, 170/2

JUDGEMENT

(1.) This revision petition has been filed, challenging the impugned order dated 04.01.2011, passed by the UT Chandigarh State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in FA No. 603/2006, Oriental Insurance Co. Ltd. Vs. Khadi Udyog Jathlana , vide which, the order dated 19.01.2006 , passed by the District Forum Ambala, allowing the Complaint No. 26/20.1.2005, filed by the present petitioner Khadi Udyog Jathlana was modified.

(2.) Briefly stated, the facts of the case are that the complainant Khadi Udyog Jathlana filed the consumer complaint in question, saying that they were a social welfare society, carrying on the activities of manufacturing khadi goods like Dari, tat, chaddar, quilts, mattresses etc. with a view to generate employment in the rural sector. Sh. Rajesh Singla, Secretary of the Society was authorised to file and pursue the said complaint. It was stated that the complainant had its factory at Village Manglai, Tehsil & District Ambala, where all the items were manufactured and the stocks of raw material was stored. The complainant had got the raw material, finished goods and machinery insured from the respondent Insurance Company for 01.08.2003 to 31.07.2004 under various policies, covering the risk of fire, theft, flood etc. It has been stated that a fire broke out in the factory on 05.03.2004 and continued for two days. The stock of raw-material was totally damaged in the fire. The complainant gave intimation to the insurance company, which appointed a surveyor to assess the loss. As per the respondent, the loss sustained by them was more than Rs. 15 lakh, but the OP Insurance Company offered a sum of Rs. 3,24,768.00 as full and final settlement and forced them to accept the same. According to the complainant, they told the insurance company that they will accept the said amount under protest, but the respondent forced them to accept the same as full and final settlement. Thereafter, they wrote various letters to the insurance company, but their claim was not settled. The consumer complaint was filed seeking direction to the Insurance Company to pay the amount claimed by the complainant, along with interest @12% p.a. from the date of fire, till realisation.

(3.) The complaint was contested by the Insurance Company by filing a written statement before the District Forum in which they stated that the complainant had not supplied the required documents to the insurance company or the surveyor. The Insurance Company further stated that the complainant failed to submit the discharge voucher duly stamped and signed to enable the company to process the matter further.