BHAGIRATHI GODAWARI AQUA PURE PVT. LTD. THROUGH ITS MANAGING DIRECTOR, SHAILESH SAKHARAM KARHALE, T Vs. UNITED INDIA INSURANCE COMPANY LTD. THROUGH ITS DIVISIONAL MANAGER, OSMANPURA, AURANGABAD MAHARASHTRA

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 11.9.2014, passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench at Aurangabad (hereinafter referred as the 'State Commission') in First Appeal No. 707/2010, United India Insurance Company Ltd. Vs. Bhagirathi Godawari Aqua Pure Pvt. Ltd. , vide which, while allowing the appeal, the order passed by the District Consumer Disputes Redressal Forum, Nanded dated 30.9.2010 in consumer complaint No. 112 of 2010, filed by the present petitioner, was set aside and the consumer complaint was ordered to be dismissed

(2.) The facts of the case are that the complainant company is engaged in production and supply of mineral water and they had obtained a loan of Rs. 20 lakhs from the State Bank of Hyderabad for setting up their factory. The complainant had also obtained Standard Fire and Special Policy from the OP insurance company for covering the risk of stock of raw-material and finished products for a sum of Rs. 25 lakhs and the period of insurance was from 26.3.2009 to 25.3.2010. On 13.6.2009, there was fire due to short-circuit in the said factory, resulting in loss of Rs. 29 lakhs as stated by the complainant. An intimation about the incident was given to the police which registered an FIR. The OP insurance company was also informed and claim lodged with them, following which, they appointed a surveyor to assess the loss. After obtaining the report of the surveyor, a compensation of Rs. 8,34,239.00 was given by the insurance company and paid directly to the State Bank of Hyderabad in the loan account of the complainant. Thereafter, the complainant issued a legal notice dated 18.3.2013 to the insurance company claiming the balance amount of insurance of Rs. 16,65,761.00 (Rupees 25,00,000.00 - Rs. 8,34,239.00). On the failure of the insurance company to respond to the notice, the consumer complaint in question was filed, seeking directions to the insurance company to pay the balance amount of Rs. 16,65,761.00 along with interest @ 18% per annum from 30.11.2009 onwards. A compensation of Rs. 30,000.00 for financial loss and Rs. 5,000.00 for mental harassment was also asked for.

(3.) The District Forum after taking into account the averments of the parties, passed their order on 30.9.2010, allowing the complaint in question, asking the insurance company to pay a sum of Rs. 10,54,224.00 with 9% interest since the date of filing the complaint till realization. Being aggrieved against the said order of the District Forum, the insurance company challenged the same by way of an appeal before the State Commission. The said Commission vide impugned order allowed the appeal and dismissed the complaint, saying that nothing more than the amount already paid to the complainant was payable. Being aggrieved against the said order of the State Commission, the complainant is before this Commission by way of the present revision petition.