R P BRICKS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) -BY this complaint under Section 17 of the Consumer Protection Act, 1986 complainant-insured alleging deficiency in service on the part of opposite party-Oriental Insurance Company Ltd. , claims compensation Rs. 68,62,922 as sum assured and general damages Rs. 2 lacs under a Standard Fire and Special Perils Policy (Annexure D/1 ).

(2.) COMPLAINANT-M/s. R. P. Bricks is a proprietorship concern of Smt. Rukhsana Parvin having its bricks manufacturing unit at village Tapra Pathari, District Raisen (M. P. ). The Unit was established in early 2004. The complainant is engaged in making hand made burnt bricks from mud. The policy in question was obtained by the complainant on 21. 5. 2004 for a period of one year i. e. upto 20. 5. 2005 carrying insurance coverage of Rs. 1 crore against any loss caused to the stock of green bricks, finished bricks and the kiln by storm, tempest, cyclone, flood and inundation. It is more or less admitted between the parties that on account of heavy rains on the evening of 13. 6. 2004 damage was caused to the bricks, both green and finished as also to the kiln of the complainant. An intimation of the loss was sent by registered post to the O. P.-company on 15. 6. 2004 (Annexure D/2 ). The O. P.-company initially appointed Surveyor Shri S. K. Kansal to assess the loss. He visited the spot on 23. 6. 2004, conducted preliminary survey of the loss and also took photographs. He however, vide his report dated 25. 6. 2004 (Annexure D/3) expressed his inability to continue with the assignment. The O. P.-company, therefore, appointed another Surveyor Shri V. K. Gupta to survey and assess the loss. Shri Gupta vide his report dated 10th June, 2005 (Annexure D/4) confirmed the damage to the subject insured and assessed the total loss at Rs. 31,77,655 as against the complainant's claim for Rs. 68,62,922. He however, concluded that the loss is caused by normal mansoon rains, not covered by the policy. The O. P.-company acting on this report of Shri Gupta repudiated the complainant's claim in toto vide letter dated 20. 1. 2006 (Annexure D/8 ).

(3.) THE complainant has challenged the assessment of loss made by Shri Gupta and also the ground of repudiation of her claim by opposite party-company. As against it, the O. P.-company has justified the repudiation and it was contended that the loss due to mansoon rains did not fall within the purview of the perils as specified in the policy and no claim was, therefore, payable to the complainant.