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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member
Golden Terry Towels Pvt. Ltd. – Complainant
versus
United India Insurance Co. Ltd. – Opp. Party
Consumer Case No.99 of 2003
Decided on 8.11.2021

Advocates:
Counsel for the Parties:
For the Complainant:Mr. Navdeep Singh, Advocate
For the Opp. Party:Mr. V.S. Chopra, Advocate
.

Headnote:

Consumer Protection Act, 1986 – Section 21 (Consumer Protection Act, 2019 – Section 58) – Complaint - Fire broke out in complainant’s factory on 20.02002, couldn’t be controlled with fire extinguishers, water pipes – Fire tenders came – Incident reported to nearest police station on 21.02.2002 – Insurer informed – Surveyor appointed – Complainant/Insured submitted claim of Rs.17874942/-, Rs.16550539/- for machineries and Rs.1324403/- for stock - Insured accepted settlement of claim for Rs.3015251/- on 18.11.2002 – Complainant alleged that on the basis of misrepresentation, as Surveyor’s rpt. wasn’t provided nor representative of the Insured was in position to examine correctness of loss, settlement was done - Surveyor in his rpt. assessed loss of Rs.834570/- for stock and Rs.4784246/- for machineries but loss reduced to Rs.3015251/- as was settled - Dispute between parties is in respect of deduction made in final settlement - One Policy dt. 14.09.2021 was for “machineries and accessories installed and lying in the factory, electric fitting - Insured also obtained Insurance Policy from Oriental Insurance Co. Ltd. for sum assured of Rs.2.4 crores on “complete textiles, machineries along with accessories complete set 12 new Wamatex Machinery along with basic parts and/or furniture and/or fittings and wrapping machine these policies were covering risk of all the machineries and accessories of the factory - Surveyor wrongly confined Insurance Policy dt. 14.09.2001 for 12 new Wamatex Machinery - Total coverage as Rs.4.25 crores and Rs.2.4 crores to be done - Liability under both policies found to be Rs.3939443/- on total loss of Rs.4784246 - Complainant didn’t challenge total cost of machineries of Rs.807.61 lacs - No illegality in full and final settlement (Paras 2, 3, 11 &12 )

Result: Complaint has no merit and it is dismissed

ORDER

Heard Mr. Navdeep Singh, Advocate, for the complainant and Mr. V.S. Chopra, Advocate, for the opposite party, through video conferencing.

2. Golden Terry Towels Pvt. Ltd. (the complainant) (hereinafter referred to as the Insured) filed aforementioned complaint, for directing United India Insurance Company Ltd. (the opposite party) (hereinafter referred to as the Insurer) to pay (i) Rs.14859691/- as balance insurance claim, under Insurance Policy Nos. 112001/11/1578/2K, 112001/11/1579/2K and 112001/11/1326, (ii) interest at the rate of 18% per annum on the said amount, (iii) pendente lite interest, (iv) Rs.200000/- as compensation for mental agony and harassment, (v) Rs.20000/- as cost of litigation and (vi) any other relief, deems fit and proper in the circumstances of the case.

3. The facts as been stated in the complaint and emerged from the documents attached with the complaint are as follows:-

(a) The Insured was a private limited company and engaged in the business of manufacture and trade of terry towels in its factory situated at village Jhattipur, G.T. Road, Panipat, Haryana. First phase, section-I, i.e. two buildings, one housing weaving department and other housing finishing department were constructed in 1997. In this weaving department, second hand weaving machines and other allied machineries were installed. Second phase i.e. one building was constructed in 1999-2000, in which new weaving machines were installed in 2000-2001. The Insurer was a Public Insurance Company and engaged in business of providing insurance services. The Insured used to obtain Standard Fire Policy from the Insurer of the stocks and machineries. The Insured obtained Standard Fire Policies, i.e. (i) Policy No. 112001/11/1578/2K, valid from 30.03.2001 to 29.03.2002, for a sum assured of Rs.1/- crore, on stock of all kinds of yarn terry towels whilst stored, finished, unfinished in process in attached and detached godown in the factory construction 1st class. (ii) Policy No. 112001/11/1579/2K, valid from 30.03.2001 to 29.03.2002, for a sum assured of Rs.4.25/- crore, on machineries and accessories whilst installed and lying in the factory and electric fitting used for manufacturing of terry towels construction 1st class. (iii) Policy No. 112001/11/1326, valid from 16.01.2002 to 15.01.2003, for a sum assured of Rs.1/- crore, on stock of all kinds of yarn and/or terry towel whilst stored, finished or unfinished in process and godown in the factory construction 1st class.

(b) On 20.02.2002, at about 8:30 p.m., Raj Kishor, the operator working on machine No. 33 of Section-1, noticed the fire in machine due to short circuit. Raj Kishor immediately rushed to cabin of Production Manager and informed him. By the time, they could reach the spot; the fire was spread to nearby machines. The workers tried to control the fire with the help of Fire extinguisher, water pipe etc. but the fire soon took serious nature. Nearest Fire Service Station was informed, from where fire tenders were sent on the spot, which could control and took about 40 minutes in extinguishing the fire. The incident was reported to Police Station Samalkha, on 21.02.2002, who later on recorded Panchnama.

(c) The Insured informed the Insurer about the fire incident, on which, the Insurer appointed M/s. Duggal Gupta & Associates, Surveyors, Chandigarh, for preliminary survey and assessment of the loss. M/s. Duggal Gupta & Associates inspected the spot and submitted his report dated 08.04.2002, finding that the fire was caused due to electric short circuit. Senior Divisional Manager and other officers of the Insurer also inspected the factory premises. The Insurer appointed Vinod Sharma, Surveyor and Loss Assessor, New Delhi, for survey and assessment of loss. The Surveyor visited the spot on 23.02.2002 and inspected the factory premises. He verified the damages and prepared inventories. The Surveyor again inspected the spot on several times. The Surveyor collected necessary paper

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