SARAF BROTHERS. Vs. ORIENTAL INSURANCE CO.LTD.

JUDGEMENT

(1.) FOR the reasons stated in the application for condonation of delay, the delay of 33 days in filing this first appeal is condoned. Heard the learned counsel for the appellant on the merit of the case.

(2.) THE appellant is aggrieved by the order passed by the State Commission dismissing the complaint.

(3.) BRIEF facts of the case are that the appellant/complainant was dealing with the business of biscuits of different companies, confectionery, coconut oil, cosmetics and washing powders etc and he had kept their stock at his godown in North Baluchar, Malda. He had taken a fire Insurance policy No. 313204/998/114 including the risk of flood and inundation of water valid for the period from 11.1.1997 to 10.11.1998 for Rs. 6,00,000. On 3/4th Sept., 1998 his godown had been suddenly inundated with flood water and all the goods kept in the godown were damaged. The appellant informed the Insurance Company about the incident. He was intimated by the opposite party that there would be a inspection of the godown when the flood water would recede. Bad and foul, odour started emanating from the damaged stock polluting the environment. On resentment of the local people regarding bad odour of the soaked and damaged biscuits, the local councillor issued a notice for immediate removal of the damaged goods. Accordingly, the damaged biscuits and other goods were destroyed on 11.9.1998. On 14.9.1998 when the flood water receded from the complainants godown, the Branch Manager alongwith Surveyor visited the godown of the complainant but did not find the damaged stock of biscuits etc. Insurance Company refused to settle and the claim was repudiated vide letter dated 1.3.1999. On 15.5.1999 Shri P.L. Mehta, representative of Commercial Investigation Bureau inspected the site and submitted their investigation report. Since the claimed amount was not paid, the complaint an filed a complaint claiming Rs. 6,12,506 alongwith interest @ 18% p.a.