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2022 Supreme(Online)(Del) 7455

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. M. Kantikar, J
M/s. Gaurav Aircon Computers Private Limited – Appellant
Versus
National Insurance Company Limited – Respondent
Consumer Complaint No. 123 of 2019



Advocates:
For the Appellants/Petitioners: Ms. Shobha Gupta
For the Respondents: Mr. Niraj Singh

The court established that prior acceptance of an insurance settlement does not bar legitimate further claims, adhering to the principles of indemnity outlined in the insurance contract.

Headnote:(A) Consumer Protection Act, 1986 - Sections 17(1)(a) and 21 - Insurance policy - Claim arising from fire incident - Insured claimed additional compensation beyond settled claim - Court held discharge voucher signed by Insured does not bar further claims if arising from contractual entitlement; deductions made by surveyor challenged for correctness. (Paras 1-8, 9, 12, 14)

(B) Contract of indemnity - Principle of indemnity necessitates actual loss recovery under insurance policy without speculative profit; tax obligations on goods not applicable until sale occurs and does not affect claim eligibility. (Paras 9, 10, 13)

(C) Directive for interest compensation due post claim process - Statutory provisions outline assessment timeframes and entitlement to interest from period of loss acknowledgment. (Para 14)

Facts of the case:
The complainant, M/s. Gaurav Aircon Computers Private Limited, engaged in the distribution of electronic items, filed a complaint for further compensation after suffering a fire loss on 26.4.2017 which was partially settled. The insured contested deductions made in the surveyor’s report and sought additional compensation for business loss, litigation costs, and interest.

Findings of Court:
The complainant is entitled to interest @ 9% per annum on the stipulated amount, recognizing its right to further claims despite prior settlement.

Issues: The primary issue revolved around the legality of deductions made, entitlements under the insurance policy, and applicable interest rates post-claim.

Ratio Decidendi: The court reaffirmed that the insurance contract mandates indemnity for actual losses, while noting that prior acceptance of a discharge does not preclude subsequent claims when valid basis exists for further compensation.

Result: Complaint partly allowed.

Table of Content
1. details of the insured property and the fire incident. (Para 2 , 3 , 4)
2. the legal steps taken post-insurance claim. (Para 5 , 6)
3. arguments on the legitimacy of deductions made in loss assessment. (Para 7 , 8 , 9)
4. discussion on the contract of indemnity and vat liability. (Para 10 , 11 , 12 , 13)
5. court's final ruling on compensation and interest on the claim. (Para 14)

1. Heard Ms. Shobha Gupta, Advocate, for the complainant and Mr. Niraj Singh, Advocate, for the opposite parties.

2. M/s. Gaurav Aircon Computers Private Limited (the Insured) has filed above complaint, for directing National Insurance Company Limited (the Insurer) to pay Rs. 3,12,64,174 with interest @ 18% per annum from due date till the date of payment, towards balance insurance claim, Rs.15 lacs, as the compensation for mental agony and harassment, Rs. 35 lacs, as the compensation for business loss, Rs. 5 lacs, as the cost of litigation and any other relief, which is deemed fit and proper in the facts and circumstances of the case.

3. The complainant stated that M/s. Gaurav Aircon Computers Private Limited (the Insured) was a company, incorporated under the Companies Act, 1956, in the year 2002 and engaged in the business of distribution of electronic items. The Insured took a warehouse, admeasuring16332 sq. ft. (15532 sq.ft. RCC roofed building and 800 sq.ft. tin shed building) at E - 168, Road No. - 9 - J, Vishwakarma Industrial Area, Jaipur, Rajasthan, on lease, vide lease deed dated04.12.2015. This warehouse was shared by the Insured to the extent of 3200 sq.ft. and its sister concerns M/s. Ganesham Electrotech Supermarket Private Limited to the extent of 5500 sq.ft., M/s. Chandra Electronics Appliances Pvt. Ltd. to the extent of 5032 sq.ft., M/s. Chandra Entrepreneurs Pvt. Ltd to the extent of 800 sq.ft. and M/s. Vareto Electro Pvt. Ltd. to the extent of 1800 sq.ft. National Insurance Company Limited (the Insurer) was a public Insurance Company and used to provide different insurance services to the public. The Insured obtained Standard Fire And Special Perils Policy No. 376002111610000162 from National Insurance Company Limited (the Insurer), for the period of 30.3.2017 to 29.3.2018, for a sum insured of Rs. 7 crores, on the Stock of Electric, Electronics and Health Equipment, Mobile, T.V., Fridge, A.C., L.C.D. Mobile, Computer, UPS and similar types of Electronic Items, stored at E - 168, Road No. - 9 - J, Vishwakarma Industrial Area, Jaipur.

4. Major fire broke out at the warehouse of the Insured in morning of 26.4.2017. Ishwar Lal Meena, the Security Guard on duty at the warehouse noticed the fire at 7:00 hours and immediately informed Ashish Dhoka, son of the director Lalit Dhoka, on telephone. Lalit Dhoka immediately informed Fire Service Station, at Vishwakarma Industrial Area, Jaipur, from where, 7 fire tenders were deputed on the spot, who could control the fire at about 20:00 hours on 26.4.2017. The Insured informed the fire incident to the local police station on 28.4.2017, where it was noted in General Diary at 21.05 hours. The Insured informed the Insurer on telephone about the fire incident at its warehouse on 26.4.2017. The Insurer appointed G.L. Sharma, Surveyors & Loss Assessors, Jaipur as the preliminary surveyor on 26.4.2017, who visited the spot on 26.4.2017, inspected the warehouse and took photographs. G.L. Sharma submitted Preliminary Survey Report dated 27.4.2017 that warehouse consisted 4 halls, i.e. three RCC roofed halls and one tin shed hall, out of which two RCC roofed halls and one tin shed hall were fully affected with fire and the stock stored there were completely burnt and destroyed. One RCC roofed hall was safe and stock of that hall were shift to other location. The Insurer appointed Sanjay Dwivedi & Associates, Delhi as the surveyor on 26.4.2017. The surveyor visited the spot on 27.4.2017. He inspected the fire affected premises on the same day and on subsequent dates. The surveyor asked the In



















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