CHANDAN ASSOCIATES Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal has been filed by the appellant M/s. Chandan Associates against the order dated 26.11.2015 of the State Consumer Disputes Redressal Commission, Punjab, (in short 'the State Commission') passed in CC No.39 of 2013.

(2.) Brief facts of the case are that on 20.02.2012 appellant/complainant firm had purchased standard fire and special perils policy from respondents/opposite party Nos.1 and 2 through State Bank of India, Main Branch Sirhind, vide Insurance policy bearing no.36120111110100000634 which was valid from 20.2.2012 to 19.02.2013 and through the above said policy the above said Vishal Mega Mart shop run by M/s. Chandan Associates through its proprietor Sh. Chandan Wadhwa was fully insured in all respects to the tune of Rs.1,15,00,000/- i.e. Rs.100,00,000/- for stocks and stocks in progress and Rs.15,00,000/- for furniture, fitting, fixtures and other contents. On 16.04.2012 Mr. Chandan Wadhwa along with his brother Sh. Munish Wadhwa came to the shop early in the morning and opened the locks, shutter and glass doors of the shop. They found a lot of smoke and heat inside the shop. Thereafter Fire Brigade was called immediately and they acted swiftly and controlled the fire. It has been claimed that the Fire incident occurred due to electric short circuit, as such the cause of fire was accidental. The Insurance Company was informed and DDR no.23 dated 16.04.2012 regarding the fire incident was also lodged. On the same day respondents/opposite party Nos.1 & 2 deputed Shri Vinay Mittal Surveyor and loss assessor to assess the loss. On 18.04.2012, office of Fire Brigade Sirhind issued fire occurrence report vide ref. no.349 dated 18.04.2012. On 10.07.2012, Shri Vinay Mittal Surveyor submitted his preliminary report to the respondents/op No.1 and 2. On 17.09.2012 & 27.09.2012, respondents/opposite party Nos.1 and 2 deputed Consolidated Surveyor Pvt. Ltd. to assess the loss. They submitted the final report dated 17.09.2012 and 27.09.2012. On 27.10.2012, as per the report of final surveyor, a sum of Rs.30,23,106/- was credited in the cash credit account of the appellant/complainant firm with the respondent No.3. The complainant firm also sent registered letter dated 27.10.2012 to the respondents/opposite party No.1 and 2 to give the balance amount of claim as the appellant/complainant firm was not satisfied with the amount of fire claim credited in the C.C. account as consent was withdrawn before the assessment of the fire claim. On 29.11.2012, appellant/complainant firm has also sent registered letter dated 29.11.2012 and dated 31.01.2013 to the respondents/opposite party No.1 and 2 for the payment of remaining fire claim but the opposite party no.1 and 2 has not given any reply to these letters neither denied nor paid the balance amount of fire claim to the appellant/complainant firm. On 02.04.2013, complainant filed complaint before the State Commission. On 26.11.2015, State Commission dismissed the complaint.

(3.) Hence the present appeal.