ORIENTAL INSURANCE CO. LTD. THROUGH MANAGER, A Vs. M/S. HIMACHAL PHARMACEUTICALS LTD. THROUGH ITS MANAGING PARTNER, SH. B.M. SOOD KANDRORI, PATHANKOT KANGRA HIMACHAL PRADESH

JUDGEMENT

(1.) This first appeal has been filed under Sec. 19 read with Sec. 21(a)(i) of the Consumer Protection Act, 1986 against the impugned order dated 28.8.2009, passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (hereinafter referred to as the 'State Commission'), vide which, while allowing the consumer complaint filed by the respondent, the appellant insurance company was directed to pay a sum of Rs.20.19,689.00 along with interest @ 12% per annum from 1.4.2006 for the loss sustained by the respondent in a fire incident in the factory.

(2.) The facts of the case are that the respondent/complainant M/s. Himachal Pharmaceuticals Ltd. is a partnership concern, based at Kandrori, Pathankot, District Kangra, Himachal Pradesh and are engaged in the manufacture and sale of pharmaceutical drugs. The complainant obtained a fire standard policy from the appellant insurance company for the period from 13.4.2005 to 12.4.2006, covering their factory, building and machinery for 82 lakhs, stocks of medicines as Rs.90 lakhs, Rs.20 lakhs for administrative block and Rs.26 lakhs for extraction plants, the total amount being Rs.2.11 crores. It is stated that fire broke out in the complainant's unit on 25.10.2005, and intimation about the incident was given to the insurance company on 26.10.2005, and a report was also lodged with the local police. The factum of fire was also confirmed through a certificate issued by the Pradhan of the Local Gram Panchayat. According to the complainant, the loss suffered by them was to the tune of Rs.20,19,689.00 as per the following details:

(3.) A surveyor was appointed by the insurance company who visited the spot and also had detailed correspondence with the complainant for supply of the relevant documents. After making detailed enquiry and considering the documents supplied by the complainant, the surveyor made a net assessment of Rs.1,07,447.47 only against the claim of Rs.20.19 lakhs submitted by the complainant. The details of the assessment made by the surveyor is as follows: