A Consignee Sales Agent has an insurable interest which entitles them to claim for losses under an insurance policy despite not owning the goods directly.

1. The present Complaint is filed under S.21(a)(1) of the Consumer Protection Act, 1986 .

2. The Complainant is a Private Limited Company, with registered office at 37, Vaidyanatha Mudali Street, Chennai and Branch Office at C - 175, Hosiery Complex, Phase - II, Noida, U.P. The Complainant is engaged in the business of manufacturing, import export and deals in all kinds of pharmaceuticals, cosmetics, drugs and chemical products etc.

3. The case of the Complainant is that it insured its godown at C - 175, Hosiery Complex, Phase II, Noida from Opposite Party No. 1 valid from 30.1.2009 to 29.01.2010 for an amount of Rs. 4,00,00,000 by purchasing a Standard Fire and Special Perils Policy No. 272102/11/2009/287. The Policy was renewed from 26.2.2010 to 25.2.2011 at an insured amount of Rs. 2,00,00,000, vide Policy No. 272102/11/2010/296. An agreement was executed between the Complainant and Opposite Party No. 2 whereby the Complainant was to sell the products to Opposite Party No. 2. As per Agreement, the Complainant was liable to take proper and necessary care of goods including its storage, dispatch and provide insurance coverage of goods in stock. The Complainant also deposited Rs. 2 crores as security for due performance and observance of terms and conditions of the Agreement.

4. On 3.6.2010, at about 17.45 hours there was a devastating fire in the godown of the Complainant, which destroyed all the goods / stocks kept in the godown, causing loss of approximately Rs. 1,90,00,000. The Complainant immediately informed the Police, Fire Brigade and Opposite Party No. 1. On 7.6.2010, the Insurance Company deputed M/s. Sanjay Dwivedi & Associates as Surveyors and Loss Assessors. On 8.8.2010, the Incident Command Officer along with the Fire Officers submitted a report wherein it was mentioned that the fire was due to electric short - circuiting and there was loss to the stocks of medicines, furniture, electric fans, machines and building, including statutory documents, stationary etc. The Surveyor, vide letter dated 2.11.2010, asked the Complainant to furnish certain documents. The Complainant, along with a letter dated 27.12.2010, provided the documents sought by the Surveyor. The Complainant also provided the account of Suresh Pharmaceuticals Pvt. Ltd. Noida for the year 2008-2009, 2009-2010 and 2010-2011. The Complainant made available the MRP of the products, copies of STNs 2010-2011 and the stock register for the period 1.4.2009 to 31.3.2010 and 1.4.2010 to 3.6.2010, along with item wise description for relevant period as required by the Surveyor. The Surveyor after physical verification of the premises and receiving all the documents submitted final Survey Report on 2.8.2011, assessing the loss to the tune of Rs. 1,48,34,955.The Surveyor observed that no policy condition or warranty was breached by the Complainant.

5. After the assessment made by the Surveyor, the Insurance Company appointed a second Surveyor, M/s. Aditi Insurance Surveyors & Loss Assessors Pvt. Ltd., without intimation to the Complainant, who sent a letter to the Complainant on 12.11.2012, i.e. after more than a year from the date of the final Survey Report. The Complainant, however, replied to the letter sent by the second Surveyor. The Complainant sought certain information from the Insurance Company under Right to Information Act, 2005. The Insurance Company, vide its letter dated 28.3.2013, repudiated the claim of the Complainant on the ground that there was violation of Condition Nos.1 and 8 and there