AHINSA MEDICOS Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) COMPLAINT was filed, inter alia, alleging that the complainant, a partnership firm has been doing business of trading and distribution of medicines, etc. at shop No. 1520/9, Bhagirath Place, Chandni Chowk, Delhi. It purchased insurance policy of Rs. 25.00 lakhs for the period from 11.11.2000 to 10.11.2001 also covering the peril of fire from the opposite party Insurance Co. It was alleged that fire broke out in the shop on the night of 27.10.2001 and was extinguished by fire tenders. Police was intimated of the fire. Opposite party was informed of the fire. Insurance Co. appointed M/s. S. Soni & Co. -Surveyor to assess the loss. Complainant provided the demanded information and books of accounts etc. to the Surveyor. However, ignoring those books of accounts etc. the Surveyor assessed the loss at Rs. 7.27 lakhs. Insurance Co. offered this amount towards full and final settlement of the claim which the complainant declined to accept. Attributing deficiency in service, direction was sought to be made to the opposite party Co. to pay Rs. 25.00 lakhs being the amount of loss along with interest of Rs. 7.00 lakhs @ 24% p.a. from 27.10.2001, Rs. 4.50 lakhs towards interest charged by J& K Bank and Rs. 50.00 lakhs as compensation towards mental agony etc., to the complainant.

(2.) OPPOSITE party contested the complaint by filing written version. Issuance of policy of Rs. 25.00 lakhs for a period of one year commencing from 10.11.2001, fire having taken place in the shop of the complainant in the night of 27.10.2001 and appointing M/s. S. Soni and Co. as Surveyor were not disputed. However, it was alleged that in the shop at the ground floor, stocks were kept in 42 racks out of which stocks in 35 racks were physically verified by the Surveyor. Books of accounts, etc. supplied by the complainant was not sufficient to substantiate the loss of stocks to the tune of Rs. 17,72,263 in remaining 7 racks which were totally gutted by fire. Total value of the stocks physically verified (other than in 7 racks) was Rs. 7,27,737.30. Total loss claimed by the complainant was Rs. 25.00 lakhs. The total damaged stocks in 7 racks could not be of Rs. 17,72,263 (Rs. 25,00,000 7,27,737). Despite letters dated 17.1.2002, 14.3.2002 and 9.5.2002, the complainant did not explain this discrepancy. Assessment of loss of Rs. 7.27 lakhs made by the Surveyor is not unilateral or arbitrary as alleged.

(3.) WE have heard Mr. S.M. Suri for the complainant and Mr. S.K. Pattjoshi for the opposite party and have been taken through the record.