NEW INDIA ASSURANCE COMPANY LIMITED Vs. PRONOBANANDA DUTTA

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the order dated 25.02.2011 passed in S.C. Case No. FA/286/2010 by West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission'). By the said order, the State Commission dismissed the appeal of the insurance company filed against the order dated 24.03.2010 passed by North 24 Parganas District Consumer Forum at Barasat in C.C. No. 211 of 2006.

(2.) The brief facts relevant for the disposal of the case are that the complainant, Mr. Pronobananda Dutta deals in a business of selling the products of sewing machines and other electronic equipments of M/s Jyotsna Sales Emporium at 2, Airport Gate, Jessore Road, P.S. Dum Dum, Kolkata 700 081. Since 1987 for the purpose of safety, he obtained the insurance coverage from New India Assurance Company Ltd./OP and the policy was renewed from time to time. The complainant was maintaining stock of Rs. 3,50,000.00 and the stock in trade was regularly checked by State Bank of India, which has given Cash Credit Facility and overdraft facility of Rs.2,50,000.00 to the complainant. During the subsistence of the policy, on 13.2006, the shop was gutted in fire and 90 % of the stock was burnt to ashes. The incident was duly informed to the OP/insurance company. Initially, on 17.02006, the Surveyor, Mr. P.K. Chakraborti assessed the premises and submitted the report on 6.4.2006. He assessed the loss to the tune of Rs.89313.00. It was alleged that the letter of addendum to the surveyor's report was given by OP on 26.6.2006 wherein the total loss was reduced to net value of Rs.34,911.00. The offer was refused by the complainant.

(3.) Therefore, due to alleged deficiency in service and unjust surveyor's assessment, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Barasat (in short, 'the District Forum'). The complaint was allowed by the District Forum and directed the OP to pay Rs.3,50,000.00 to the complainant within a month from the date of order, failing which, it will carry interest @ 8% per annum till its realization. The District Forum held that the assessment of surveyor appears to be bogus.