Back
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ram Surat Ram Maurya, Presiding Member
Giridhar Sampat Lanjewar – Appellant
versus
New India Assurance Co. Ltd. and Anr. – Respondents
First Appeal No.586 of 2013
(Against the Order dated 19/12/2012 in Complaint No.172/2001 of the State Commission Maharashtra)
Decided on 21.9.2021
Consumer Protection Act, 1986 – Section 19 - First Appeal [Consumer Protection Act, 2019 – Section 51] – Against Order dt. 19.12.2012 passed by State Commission -Insured Petitioner states that due heavy flood in the locality water from the water tank entered into his premises, caused heavy damage to the building, plant & machinery, stock of grains and rice, kept in the mill – Filed complaint - State Commission by its judgment dt 19.12.2012 found no concrete evidence to rebut the report of Surveyor – Surveyor assessed the loss of Rs. 90557.50 - Insured Petitioner paid Rs. 90557/- under the order of National Commission - Complaint partly allowed for interest @ 9% p.a. on Rs. 90557/- till its payment, Rs. 5000/- for harassment and Rs. 1000/- as cost - Hence, appeal filed – Findings of this Commission: Endorsement dt. 31.07.2000 given by the Petitioner proves absolutely no averment that rice mill premises was flooded either due to heavy rain or due to overflow of the water - Surveyor’s Report dt. 20.12.2000 proved that Rice Mill roof was made of GI sheets, also proved that the loss was caused due to falling water from the joint of the roof - Repudiation ltr. dt. 09.02.2001 fully in consonance with the endorsement dt. 31.07.2000, in the extract of Stock Register - Damage was caused due to negligence of the Insured/Petitioner - Repudiation of the claim does not suffer from any illegality.
Held: This appeal has been filed against the order of State Consumer Dispute Redressal Commission, Maharashtra, dated 19.12.2012, passed in Consumer Complaint No. 172 of 2001, partly allowing the complaint for Rs.90,577/- for loss/damages, Rs.5000/- for the harassment and Rs.1000/- as the cost.
State Consumer Disputes Redressal Commission, by its judgment dated 19.12.2012, found that there was no concrete evidence to rebut the report of Surveyor. The Surveyor has assessed the loss of Rs. 90557.50. The Insured was paid Rs. 90557/- under the order of National Commission. On these findings, the complaint was partly allowed for interest @ 9% per annum on Rs. 90557/- from 07.09.2000 till its payment, Rs. 5000/- for harassment and Rs. 1000/- as the cost. Hence this appeal has been filed.
The Insured has filed a copy of the Stock Register dated 31.07.2000 as supplied to The Urban Co-operative Bank Ltd., Bhandara and verified by the bank on the same day. In this document, an endorsement has been made by the Insured, mentioning that the stock was damaged as rain water had fallen through joints of the shed of the roof and gap between the roof and wall. In this endorsement, there is absolutely no averment that the rice mill premises was flooded either due to heavy rain or due to overflow of the water from Goverdhan tank. This is own document of the Insured as such the Insured cannot deny it. From the Surveyor’s Report dated 20.12.2000, it is proved that roof of Rice Mill was made of GI sheets. From this document, it is proved that the loss was caused due to falling water from the joint of the roof. Finding of the Insurer, in the repudiation letter dated 09.02.2001, is fully in consonance with the endorsement dated 31.07.2000, in the extract of Stock Register and does not suffer from any illegality. The damage was caused due to negligence of the Insured, for want of proper maintenance of the roof, from where the rain water fell in the Rice Mill premises and damaged stock and machineries. The repudiation of the claim of the appellant does not suffer from any illegality. The Insured has been already paid some amount either under the order of this Commission or under the order of State Commission, same shall not be recovered from the Insured as the Insurer has not filed any appeal. (Paras 2, 5 & 8)
Result: Appeal has no merit and is dismissed.
ORDER
Ram Surat Ram Maurya, Presiding Member.—Heard Mr. Madhurendra Kumar, Advocate, for the appellant and Mr. R.B. Shami, Advocate, for the respondents.
2. This appeal has been filed against the order of State Consumer Dispute Redressal Commission, Maharashtra, dated 19.12.2012, passed in Consumer Complaint No. 172 of 2001, partly allowing the complaint for Rs.90,577/- for loss/damages, Rs.5000/- for the harassment and Rs.1000/- as the cost.
3. Giridhar Sampat Lanjewar (the Insured) filed Consumer Complaint No. 172 of 2001, for insurance claim of Rs.10,22,202/- (i.e. Rs.56350/- for damage of the building, Rs.92200/- for damage of plant and machineries, Rs.870152/- for damages for stock of the grains and rice and Rs.3500/- other expenses), cost of the litigation and any other relief, for which he was entitled. It has been stated in the complaint that the Insured was carrying on the business of rice milling, in the name of Santosh Rice Mill at Tumsar, district Bhandara. The Insured was granted financial assistance by Bhandara Urban Co-operative Bank Ltd. due to which, he had to submit Stock Statement to the Bank in every month, which used to verify it. The Insured obtained an Insurance Fire Policy-C, being Policy No. 1160302/0667/2000, effective from 31.03.2000 to 30.03.2001, in respect of the building, plant & machineries and stock of the rice mill, for total coverage of Rs. 2600000/-. During 16.07.2000 to 20.07.2000, there were heavy rains, thunders and storms in Tumsar taluka. Goverdhan Tank situated in the locality of Santosh Rice Mill. Due to heavy rain, Goberdhan Tank was fully filled up and its wall was broken. As such the water of this tank was suddenly spread resulting in heavy flood in the locality. The water of the said tank entered into premises of Santosh Rice Mill and caused heavy damages to the building, plant & machineries and the stock of grains and rice, kept in the mill. The Insured immediately informed branch office of the Insurer on telephone, personally and through letter dated 19.07.2000 to 22.07.2000. Insurer appointed P.C. Gandhi & Associates, Surveyor and Loss Assessor, Nagpur, for survey and assessment of the loss on 24.07.2000. Mr. Sandip Mashru, the Surveyor inspected Rice Mill on 25.07.2000. He took photographs of the damaged articles and stocks. He collected statement of Stock Register, the vouchers of monthly purchase of paddy and sale of the rice, estimates of the repairing costs of the building, plant and machineries. The Insured submitted claim form on 07.09.2000, before Branch Manager, claiming total loss of Rs.1022202/-. Subsequently the Surveyor asked for some more papers, which were supplied on 18.09.2000, through registered post. The Surveyor wrote a letter to the complainant dated 30.09.2000, stating that the damage was caused due to seepage as the rain water entered the premises of the rice mill through the gaps between roof and the building as well as through the windows. The Insured then met with the Surveyor and also with the Branch Manager. Then Surveyor demanded gratification for changing the report, which was not accepted by the Insured. The Insured wrote letter dated 07.11.2000 to opposite party-1 and 2 and requested for settlement of his claim. Thereafter, various correspondences were made orally as well as in written but nothing was done. Then the Insured gave a legal notice dated 24.01.2001 but no reply was given by the opposite parties. On these allegations, the complaint was filed.
4. After remand, the Insurer contested the case and filed their written statement. They stated that from the photographs taken by the Surveyor on the spot and his report dated 20.12.2000, it was proved that damages to stock was caused, due to seepage, as the rain water entered the premises of the rice mill through the gaps between roof and the building and through the windows. There was no evidence that Goberdhan Tank was fully filled up or its wall was broken and the water of this tank was sudden
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
