IMPORTANT POINT
Fraud/dishonesty - Under the Insurance Policy, the loss sustained by a reason of any act of fraud/dishonesty committed on or after the date of commencement of the policy and during uninterrupted service with the Insured and discovered during continuation of this policy or within twelve calendar months of the expiration of it is payable.

ORDER

Heard Mr. Sameer Nandwani, Advocate, for the complainant and Mr. A.K. De, Advocate, for the opposite party.

2. M/s. Metro Tyres Limited (the Insured) has filed above complaint for directing United India Insurance Company Limited (the Insurer) to pay (i) Rs.2.19/- crores with interest @24% per annum from the date of loss till the date of payment, as insurance claim, (ii) Rs.50/- lacs, as compensation for mental agony and harassment, (iii) Rs.10/- lacs, as the costs of the litigation and (iv) any other relief, which is deemed fit and proper, in the facts and circumstances of the case.

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

(a) M/s. Metro Tyres Limited (the Insured) was a company registered under the Companies Act, 1956. Apart from other business, the Insured trades in sales of fans under the Brand name ORTEM and sewing machines. The Insured had its branch office at 66, Bentink Street, 1st Floor, Bowbazar, Kolkata-69. The business of the Insured in eastern zone of India was managed and controlled through Kolkata branch office. In 1986 one Dr. Ajit Kumar was appointed as an employee at Kolkata branch. He was promoted as Assistant General Manager on 28.04.2006 and Deputy Vice President on 07.02.2008. He resigned on 15.04.2008, but the Insured did not accept it. One Samir Bhushan Ghosh Majumdar, was appointed as an Assistant Marketing Manager on 05.06.2000. He was promoted as Marketing Manager on 28.04.2006.

(b) United India Insurance Company Limited (the Insurer) is a public sector insurance company and used to provide different types of insurance services to the public. The Insured obtained Fidelity Guarantee Insurance Policy No.200800/46/08/13/ 00000503 from the Insurer for the period of 01.02.2009 to 31.01.2010, for the sum assured of Rs.3/- crores, which was a renewal of earlier policy.

(c) The Corporate Office of the Insured had been receiving various complaints regarding poor recovery of the dues by Kolkata office. Then a team was constituted and sent for the audit of account of Kolkata office. In internal audit, it was found that a dues of Rs.285.11 lakhs was recoverable in the fans division and Rs.11.71 lakhs dues, recoverable in sewing machine division from various dealers. Then a meeting was called for in the corporate office with the two officers namely, Samir Bhushan Ghosh Mjumdar and Dr. Ajit Kumar, for 29.09.2008. The meeting was attended by Samir Bhushan Ghosh Mjumdar as a representative of Kolkata branch on 29.09.2008, which was held in presence of Rummy Chhabra, Managing Director, Amit Seth, Vice President and Samir Bhushan Ghosh Mjumdar, Marketing Manager of Kolkata branch. In the meeting it was noticed that as on 31.08.2008 Rs.285.11 lakhs was recoverable in the fan division and Rs.11.71 lakhs dues was recoverable in sewing machine division. Samir Bhushan Ghosh Mjumdar, Marketing Manager gave a break up of aforesaid amount as follows:—

(d) In the meeting Samir Bhusan Ghosh Mjumdar suggested that in respect of bad debts, the details of the names of the dealers would be collected up to 31.03.2009 and a recovery plan would be initiated in this respect. The amount of dues shows as slow recovery was found 50% amount is recoverable. The detail of list had to be supplied and collection plan of Rs.40 lakhs had to be made before 31.03.2009. An amount of Rs.50 lakhs had to be collected from 01.04.2009 and 30.06.2009. The dues in the head of “pending discount” had to be reconciled/verified with the circular/letter available in branch office.

(e) As assured in