Misrepresentation in insurance contracts voids claims, as material nature was not accurately disclosed.

1. Heard Mr. S.M. Tripathi, Advocate for the petitioners. The Counsel for respondent - 1 did not attend the case on 11.1.2018, 5.12.2018, 6.2.219, 10.7.2019 and 12.1.2021. On 10.7.2019 and 12.1.2021 last opportunity was given. When the case was listed on 14.7.2021, then also no one appeared on behalf of respondent - 1. Respondent - 2 has been deleted from the array of parties vide order dated 30.3.2017.

2. This revision has been filed against the order of State Consumer Dispute Redressal Commission, West Bengal dated 11.6.2014 passed in First Appeal No. 454 of 2012 (arising out of the order of District Consumer Disputes Redressal Forum, Darjeeling dated 16.5.2012, passed in Consumer Complaint No. 37 / D / 2011), whereby District Forum, has allowed the complaint and directed New India Assurance Company Limited (the revisionist) to pay Rs. 5,15,870 as loss occurred to the complainant in fire along with an interest @ 10% p.a. with effect from 9.8.2010, Rs. 25,000 for mental and physical harassment and Rs. 10,000 as cost and the appeal filed by New India Assurance Company Limited has been dismissed.

3. Mr. Jiten Chettri, Proprietor of M/s. Mahakal Traders (complainant) filed Consumer Complaint No. 37 / D / 2011 claiming Rs. 5,15,870 with interest w.e.f. 14.8.2010 as damages occurred in fire incident, Rs. 50,000 for mental agony and physical suffering and Rs. 10,000 as cost of litigation. It has been stated in the complaint that the complainant was a permanent resident of Krishna Nagar, Mirik Bazar, P.O., P.S. Mirik and District Darjeeling and was engaged in the business of stock and sale of broom and ginger, with the financial help of Central Bank of India, Ghoom Jore bungalow Branch, Darjeeling. The complainant had its godown at Dudhia, Nalabaree Busty, Mirik, P.O., P.S. Mirik District Darjeeling. The godown and goods stored in it were hypothecated to the Bank. The Bank used to insured godown and goods from New India Assurance Company, since 1.12.2003, under Standard Fire and Special Peril Policy. Insurance Policy No. 512305/11/08/1100000688 was effective from 9.2.2009 to 8.2.2010. In the night of 4-5.2.2010 at about 2.10 am, a fire broke out in the godown, as a result of which, all brooms stocked in the godown was completely gutted. The complainant gave information in respect of fire incident to Mirik Police Station where it was noted in G.D.E. No. 116/10 dated 5.2.2010. The information of fire incident was immediately given to Maligara Fire Service Station, from where the Fire Brigade was also sent on the spot, but the fire could not be controlled. The complainant submitted a insurance claim before the Branch Office, of New India Assurance Company Limited, Judge Bazar, Hill Cart Road, Darjeeling, on 6.2.2010, on which the Branch Manager informed the Divisional Office about the incident and requested for appointment of a surveyor for investigation and survey the incident and loss occurred in it and to submit a report in this respect. The surveyor investigated the spot and after inquiry, submitted a report dated 9.8.2010, in which, he had assessed the total loss as occurred in the incident as Rs. 12,07,000, the net total loss (less part damaged recovered stock) was assessed as Rs. 11,69,600.The liability insurance was assessed at Rs. 5,15,870. New India Assurance Company was not satisfied with the report of the surveyor dated 9.8.2010 and asked him to submit a fresh report and under the pressure of New India Assurance Company, the surveyor submitted another report dated 18.11.2010, in which he had mentioned that the godown in which the stock was kept was not an RCC made pucca structure, but a kutcha construction made with hilly bamboo post and mat in Nepali langu