PRASHANT BEHL Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Challenge in this First Appeal, by the Complainant, engaged in the business of distribution of Chocolates and Fast Moving Consumer Goods (FMCG), as the Proprietor of a concern, named and styled as M/s Sarla Distributors, is to the order dated 27.11.2012, passed by the Himachal Pradesh State Consumer Disputes Redressal Commission at Shimla (for short "the State Commission ") in Consumer Complaint No. 4 of 2011. By the impugned order, the State Commission has disposed of his Complaint, alleging deficiency in service on the part of the Respondent, namely, New India Assurance Company Ltd. (for short "the Insurance Company ") in restricting his claim of Rs.37,11,416.06, towards the loss suffered by him on account of the fire, which took place on the night intervening 19-20.03.2010 at his premises at Suhra Bazar, Mandi, to Rs.13,75,765.00, the loss assessed by its Surveyor. The State Commission has come to the conclusion that the amount of loss assessed by the Surveyor of the Insurance Company was correct.

(2.) Since the grievance of the Appellant in the present Appeal is confined to the question of denial of his claim in respect of the stocks of Cigarette, claimed to be lying at the said premises, gutted in the fire, we deem it unnecessary to state the facts relating to the claim in respect of other items. It would suffice to note that on receipt of information about the occurrence of the incident of fire, the Insurance Company appointed a Surveyor, a body corporate, to assess the loss. The Surveyor visited the premises on 21.03.2010. The Surveyor asked for documents in support of the afore-noted claim. According to the Appellant, all the requisite information/documents, as sought for by the Surveyor, which included the statements of the stocks affected by the fire; the statements of unaffected stocks; and the product-wise purchase and sale statements, in tabular form, from 01.04.2009 till the date of the incident, were furnished to the Surveyor.

(3.) On evaluation of the evidence, so furnished, the Surveyor submitted its report dated 05.07.2010 to the Insurance Company. As regards the claim in respect of the stocks of Cigarette, inter alia, observing that only a few carton boxes of Cigarette might have been burnt; few mono cartons were visible in the debris, there being no signs that such a major quantity (approximately 64 cartons of Cigarette, valued at Rs.26,58,376/-) could have been burnt, the Surveyor came to the conclusion that "the stock of cigarette claimed by the insured was definitely not stored in the captioned godown ". The relevant portion of the said report reads as follows: