The court emphasized timely settlement of insurance claims and the reliance on surveyor assessments despite the insurer's delays.

1. The present Consumer Complaint has been filed by the M/s. Mannapuram Finance Limited and Another (hereinafter referred to as the Complainants) under S.21 of the Consumer Protection Act, 1986 (for short the Act) against Oriental Insurance Company Limited and Another (hereinafter referred to as the Opposite Parties) regarding the claim of Rs. 1,53,07,578 (Rupees One Crore Fifty Three Lacs Seven thousand Five Hundred And Seventy Eight) only on account of loss suffered due to burglary at their branch at Sanganeer, Jaipur City (hereinafter referred to as the Premises).

2. Brief facts of the case are that the Complainants are a Company registered under Companies Act, 1956 and doing business of finance like giving loans to the customers against the deposit of gold, etc. The Complainant No. 1 (M/s Mannapuram limited P.O Valapad, Trichur, Kerala) has taken a Burglary Standard policy No. 441100/48/2009/2721 for the period from 7.2.2009 to 6.2.2010 in respect of their branches including Sanganeer, Jaipur City. The policy in question was in continuation of the policy pertaining to previous year, i.e. 7.2.2008 to 6.2.2009. A premium amount of Rs. 25,46,730 was paid for the period from 7.2.2009 to 6.2.2010 for an insured sum of Rs. 22,66,58,14,550.

3. The Complainants stated that on 19.9.2009 a burglary took place at the their branch at Sanganeer, Jaipur City causing a loss of Rs. 1,50,25,596 ( Rupees One Crore Fifty Lacs Twenty Five Thousand Five Hundred and Ninety Six Only) on account of theft of 8828.20 grams of gold and cash amounting to Rs. 2,81,982 (Rupees Two Lac Eighty One Thousand Nine Hundred and Eighty Two Only) totaling Rs. 1,53,07,578. An FIR was filed in the police station on the same day.

4. The Complainants stated that on 30.9.2009 they had lodged their claim with the Opposite Party No. 1 (The Oriental Insurance Company Limited, Maheshwari Building 3rd floor, M.G. Road, Trichur, Kerala) for the loss of gold and cash owing to burglary. The Opposite Parties conducted necessary survey on their part to assess the loss suffered by the Complainant at their branch, but despite the repeated requests by the Complainants, the copy of the Survey report was not shared with them. The Complainants averred that the Opposite Party No. 1 assured them that the claim was under process of settlement and would be paid as soon as possible but no assurance was given in writing nor the claim was repudiated by them till 10.8.2011.

5. The Complainants have sent reminders to the Opposite Parties on 10.8.2011, 16.9.2011, 20.9.2011, 22.9.2011, 23.9.2011 and 14.10.2011 for expediting the claim but no reply was received nor the claim was settled and paid to them.

6. The Complainants stated that the Opposite Parties have not conveyed the reasons for not paying the claim to them. On 22.9.2011 a letter in the name of Dr. R.K. Kaul, CMD of the Insurance Company was also sent, but no reply was received till date. The Complainants left with no remedy served a legal notice on 20.1.2012 to the Opposite Parties asking them to pay the claim within 15 days of the receipt of the said notice. The Complainants received reply to the legal notice on 6.2.2012 stating the matter is pending with the Surveyor for clarifications / observations.

7. The Complainants stated that the cause of action is continuing as the Opposite Parties have not yet paid the claim of the Complainants. The Opposite Parties have taken hefty premium of Rs. 25,46,730.

8. Aggrieved by the aforesaid act of the Opposite Parties, the Complainants have filed this Complaint before this Commission and prayed for the following relief :
(a) to pass an award / decree for a sum of R