Insurance claims must be assessed based on fair evaluation of evidence and proper expert opinions.

1. The appellant - Bajaj Allianz General Insurance Company Limited has preferred this appeal against M/s. Gandhi Chemicals through its partners against judgement and order in CC number 64/19 decided by District Consumer Redressal Forum South Mumbai, on 15 January, 2019. The appellant is the opponent and the respondent is the complainant in the original consumer complaint before District Consumer Forum. The parties are hereinafter referred as per their status before District Consumer Forum.

2. It is a case of complainant that the complainant No. 1 is partnership firm and the complainant Nos. 2 to 4 are its partners. They are running the chemical business. The opponent No. 1, is the assistant manager of Bajaj Allianz and opponent No. 2 is the fire claim department of Bajaj Allianz General Insurance Company. The complainants have taken the fire peril policy No. OG1908-400300000098 for the period of 26/10/2008 to 25/10/2009, covering the risk of Rs 4 lakh. During the existence of policy on 5th October, 2009 around 9.00 p.m. the incident of fire took place at M/s. Kirit storing services Gala number 1, 4, 6, 7, 8 of Bhambre Compound, Rahnal Bus Stop, Near Mahavir Compound, Behind Mukund Hotel, Valgaon, Taluka Bhiwandi, District Thane. In The said fire the stock and other chemical goods of complaints worth Rs.3,07,808 were lying at delivery place, where the incident took place. Wherein all the valuable Chemicals of complainant were destroyed. The incident of fire was reported with police. The police have drawn spot panchnama and also recorded the statement of witnesses and prepared the list of the persons who had sustained the loss. The complainant has immediately intimated the incident to the opponent No. 1 and also he has given details of chemical goods and its value, which was kept with M/s. Kirit storing services. The opponents have appointed surveyor on 11th November, 2009 who has issued letter to complainant calling upon him to produce documents. The complainant has sought time to furnish details, as the owner of the premises was absconding, and investigation by police was in progress. The complainant has provided the details of stock and value of the goods to the surveyor. However, the opponents on the report of the surveyor have concluded that the stock was old, non moving and of zero value. The opponents without applying mind rejected the claim of complainant. The complainant in the mean while called for the report of Bhaskarbhai Joshi a chemical engineer, of his expert advice and certificate. Who has issued report on 16/10/2010, that the chemicals in dispute, if stored and kept in Sealed containers, they can preserved for prolonged period. The complainant has also contacted The Dean of R & D, of Institute of Research and Consultancy Centre and Indian Institute of Technology Bombay, Powai vide letter dated 7th January, 2018 and 25th February, 2018 and requested the opponent to consider their claim. But the opponents have not considered their claim on merits and committed illegality by refusing their genuine claim. Hence, the complainants are constrained to file consumer complaint and they have claimed the amount of Rs.2,72,004 towards Insurance claim, Rs.2,00,000 towards mental agony with 18% interest from the date of incident, i.e. from 5th October, 2009 till realisation of entire amount.

3. The opponents in their written statement denied all adverse allegations in the complaint. It is the contention of opponent that the complainants are seeking damages without any basis. There is breach of conditions of policy in furnishing requisite information and documents though repeatedly claimed by opponents and the surveyor. Therefore, the opponents have rightly repudiated the cl