The main legal point established in the judgment is that the court can burden the erring party with penalty to minimize frivolous litigation and ensure that wrong-doers are denied profit or undue benefit from such litigation.

ORDER :

Justice R.S. Madan, President

This complaint has been received by remand in view of the order dated 14.5.2013 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 779 of 2012.

2. Complainant being a partnership concern having its registered office at Village Rampur Jattan, Nahan Road, Kala Amb District Sirmour (HP) has filed this complaint through Sushil Kumar Bhargav one of its partners. Complainant is engaged in the business of manufacturing and exporting of phytochemicals, extracts and neutraceuticals.

3. Complainant had taken a Standard Fire & Special Perils Policy from the opposite parties for the period 11.9.2009 to 10.9.2010 for Rs. 2.41 crores whereby entire building including boundary wall/retaining wall and other constructed area of the plan, main plant and machinery including boiler, transformer, CTPT, D.G. Set, electric fitting for other machinery and spares, raw material, finished and semi finished goods of the unit or the goods in process were insured.

4. Unfortunately, on 8.9.2012 the flood water entered into the aforesaid insured factory due to which there was loss to the stocks of the complainant, plant and machinery, building and retaining wall/boundary wall, which according to the complainant was of Rs. 65-70 lacs. DDR bearing No. 13 dated 10.9.2010 was recorded with Police Post Kala Amb. On being informed, the officials of the opposite parties-Insurance Company visited the site of loss and inspected the things and also took photographs of the place of occurrence. On 10.9.2010 N.Kumar Surveyors Pvt. Ltd., Chandigarh, visited the site along with one Mr. Virender Sharma, Engineer of National Insurance Company. The surveyors vide their letter dated 11.9.2010 asked the complainant to produce various documents which according to the complainant were supplied to the surveyors. Thereafter, the opposite parties asked the complainant to submit a consent letter accepting the amount of Rs. 43,33,585 against the flood loss in full and final settlement of the claim, which was given by the complainant vide letter dated 28.12.2010. According to the complainant the consent letter dated 28.12.2010 was given by the complainant because of heavy financial loss and sufficient time having already been elapsed. However, as per the balance sheet ending on 31.3.2011, the exact loss of stock by flood was calculated for Rs. 54,25,688. Even in the DDR, the loss suffered by the complainant was shown as Rs. 65-70 lacs. The Halqua Patwari also certified that there were cats and dogs running on the intervene night of 7/8.9.2010. The report of Patwari was countersigned by Tehsildar Revenue.

5. Complainant visited the opposite party No. 1 several times and was being informed that complainant’s claim had been processed to the Divisional office, Manimajra which in turn had been sent to the Regional Office, Chandigarh. On 17.6.2011 Mr. Amitabh Mishra, Regional Manager of the opposite parties visited the unit of the complainant along with NIC Engineer Mr. Virendra Sharma, Branch Manager of the opposite party No. l and a representative of the surveyor. The documents/information sought by them, were supplied to them. The Regional Manager called the complainant on 22.7.2011 for giving the project report and the same was given to him for his satisfaction. Thereafter, complainant wrote letter dated 18.8.2011 to the opposite parties to settle its claim but no effect. Reminders dated 10.9.2011, 29.11.2011 and 26.12.2011 were also written to the opposite parties but to no effect. In view of the above, alleging it a case of deficiency in service on the part of the opposite parties, the complainant invoked the jurisdiction of this Commission seeking direction to the opposite parties to settle complainant’s claim for Rs. 54,25,688 along with interest @ 15% per annum from the date of occurrence/loss till its payment and to pay Rs. 10.00 lacs for financial loss, causing unnecessary harassment, agony, depriva