GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
Dr. J.G. Mecwan, Presiding Member
United India Insurance Co. Ltd. – Appellant
versus
Proprietor of Krishna Hardware – Respondent
Appeal No.1574 of 2014
Decided on 21.9.2021

IMPORTANT POINTS
1) Though all required documents were submitted by the Respondent to the Appellant, claim of the Respondent was repudiated by the Appellant for not supplying the documents.
2) Calculation made by surveyor on the basis of under-insurance and balance sheet of Complainant is a factual aspect; hence, calculation can be accepted.

Headnote:

Consumer Protection Act, 1986 – Section 15 - First Appeal [Consumer Protection Act, 2019 – Section 41] – First Appeal against the Order dt. 29.04.2014 passed by Distt. Commission - Complainant had taken Standard Fire & Special Perils Policy from Appellant/Insurance Co. from 27/11/2010 to 26/11/2011 for Rs. 5,00,000/- through India Bank – Due to heavy rain in Valsad, water entered into premises of the Complainant/Respondent - Goods stored in the premises and other documents kept heavily damaged –Complainant/Respondent alleged loss of Rs. 7,44,872/- - Respondent had given written intimation to Appellant/Insurance Co. on 30/08/2011 – Due to deficiency in service and unfair trade practice committed by Appellant, Respondent filed complaint before Distt. Commission - Ld. Distt. Commission partly allowed the complaint - Being aggrieved by order of the Distt. Commission, Appellant has filed the present appeal – Held that though all required documents were submitted to the Appellant, claim of the Respondent was repudiated by the Appellant for not supplying the documents - Further held by this Commission that calculation made by surveyor on the basis of under-insurance and balance sheet of Complainant is a factual aspect; hence, calculation can be accepted - On the basis of calculation due to under insurance condition of policy, Complainant can get only Rs. 1,08,417/- as claim amt. - For delay caused by Complainant in submitting documents, Appellant/Insurance Co. cannot be held liable for payment of interest on the claim amt.

Held: In the instant case it is the case of the complainant that though all the required documents has been submitted to the opponent Insurance Company, the claim of the complainant was repudiated by the opponent Insurance Company for not supplying the documents. Furthermore, it is an admitted fact that survey report was not submitted during the proceeding of the Complaint before the learned District Commission but it has just been submitted before this Commission in the present Appeal.

The survey report was not submitted during the preceding of the Complaint before the learned District Commission but it is submitted here before this State Commission however the calculation made by the surveyor on the basis of the under-insurance and on the basis of the balance sheet of complainant is a factual aspect and hence in the opinion of this Commission that calculation can be accepted in the present case. Therefore on the basis of this calculation due to under insurance condition of policy, complainant can get only Rs. 1,08,417/- as a claim amount in this case.

It is submitted by ld. Adv. Mr. Parikh that complainant has not sent the required documents even after various reminders of the opponent Insurance Company and therefore opponent Insurance Company could not settled the claim. I have also gone through the record of this Appeal. The copies of reminders issued by opponent Insurance Company is on record regarding submission of the documents and therefore it seems that complainant has not produced the sufficient required documents to the opponent Insurance Company and hence in the opinion of this Commission the complainant himself is liable for the said delay for the settlement of claim amount. Therefore in the opinion of this Commission for the delay caused by complainant in submitting the documents, opponent Insurance Company cannot held liable for the payment of interest on the claim amount. (Paras 13, 18 & 19)

Result: Appeal is partly allowed. Opponent Insurance Co./Appellant shall pay Rs. 1,08,417/- to the Complainant. Rest of the order passed by Ld. Distt. Commission is hereby confirmed.