Jagannath Bag, Member—The petition of complaint has been filed by Sri Goutam Pal and Sri Uttam Pal, in the matter of an insurance claim against the OP Insurance Company, namely, United India Insurance Co. Ltd.

2. Briefly stated, the facts of the complaint are as follows:

The petitioners being proprietors of M/s. Pal Hardware Store obtained an insurance of their shop-cum-godown (on building) for an amount of Rs.10,00,000 and another insurance for the stock in trade, initially, for an amount of Rs.20,00,000 and then enhanced to Rs.70,00,000 w.e.f. 16.7.2007. On 23.7.2007 at about 11 p.m. the shop-curn-godown met with an accident caused by Fire breakdown. As a result, all the stock-in-trade/documents, furniture and fixtures, etc. were burnt and the said shop-cum-godown was badly damaged. The Divisional Officer, West Bengal Fire Service issued his report dated 30.7.2007 with regard to the said Fire breakdown wherein it was stated that some portion of wall and shutter of the godown gate had to be broken to extinguish the fire. The Complainant in his letter dated 24.7.2007 informed the Insurance Company about the accident. The Officer-in-Charge, Alipurduar Police Station was also informed. The Secretary, Alipurduar Town Babsayee Samiti and the Manager, State Bank of India, Alipurduar and other authorities concerned were also informed of the accident.

3. Pursuant to the information furnished, the Insurance Company appointed Surveyor Sri Ashok Mahanta, who inspected the shop on 24.7.2007 and requested the petitioners vide Memo No. AM/12/07-08 dated 25.7.2007 to submit necessary documents. On subsequent visit to the shop-cum-godown on 26.7.2007 the Surveyor collected all available documents and asked the Petitioners to furnish some more documents. Allegedly the petitioner No.1 signed certain blank papers at the instance of the Surveyor. Thereafter, in spite of several discussions with the representatives of the Insurance Company and issue of letters, the Insurance Company did not take any step towards meeting the claim of the petitioners and as such a legal notice was served upon the OP Insurance Company on 13.3.2008 following which OP2 sent a letter (No.031902/CLM/659/2007) along with a claim form asking the petitioner to submit the same after duly filling it up. The claim form was submitted on 26.3.2008. Again, on 15.9.2008 OP2 sent a letter to the petitioners asking for such documents as were already submitted except, (a) Comprehensive Stock Register, (b) Purchase, Sales and Stock Register for the accounting years 2006-07 and 2007-08, (c) Purchase/Notice Challan, etc., (d) Ledger Books including other relevant books and documents, and (e) Record Dealership/Distribution, all of which had been stated to be destroyed in the accidental fire. The Insurance Company was found to have been reluctant to settle the claim. Another legal notice dated 5.12.2008 was issued. Sr. Divisional Manager, United India Insurance Co. Ltd. vide their letter dated 17.12.2008, referring to Paragraph-5B of the General Conditions of Shopkeeper’s Insurance Policy, impressed that evidence substantiating the reported loss was lacking and the ‘list of articles lost in fire’ said to have been destroyed by fire, but still purported to have been submitted, was supposed to have been prepared after the loss only. The OPs vide their letters dated 22.7.2009/29.7.2009/24.8.2009 declined to make any payment.

4. Being aggrieved by and dissatisfied with the mala fide conduct, negligence and/or failure of the respondents (OPs) of depriving the Petitioners by not meeting their bona fide claims duly covered under valid insurance policies being policy No. 031902/48/06/34/ 00000804 and policy No. 031902/11/07/11/00000239, the Petitioners moved before the Hon’ble High Court at Calcutta under its writ jurisdiction; but in spite of Hon’ble High Court’s direction to consider the claim on the basis of the ‘list of articles’ upon taking immediate steps to scrutinize the same and