NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath (Presiding Member), Subhash Chandra, MEMBER
Complainant – Appellant
Versus
Opposite Party – Respondent
Consumer Complaint
| Table of Content |
|---|
| 1. complainant's insurance policy and fire incident details. (Para 1 , 2 , 3) |
| 2. opposite party's assessment of damages and surveyor's evaluations. (Para 7 , 19) |
| 3. court's final ruling on allowed compensation. (Para 23) |
1. Complainant is a company registered under the provisions of Companies Act, 1956. The Opposite Party is Insurance Company, dealing with various type of Insurances, including fire Insurance.
2. The Complainant deals in manufacturing, processing packaging and storage of frozen Indian breads, frozen snacks, ready to cook / bake food, ambient staple ready to eat meals, ready to cook sauces, pastes and condiments. Almost all products manufactured by the Complainant are exported. The Complainant has two units (i) for production of ready to eat products (hereinafter referred to as "Unit - 1") and (ii) for manufacturing and stocking of frozen food products (hereinafter referred to as "Unit - 2").
3. The Complainant took Standard Fire & Special Perils Policy No. 220001115P103526547 for Rs.6 crores, later enhanced to Rs.7 crores. The Policy covered the risk of loss of goods, stock and material in the factory due to fire. The Policy was renewed from time to time. The Policy was valid from 26.6.2015 to 25.6.2015. On 3.11.2015 at about 2.0 to 2.30 hours, the Supervisor of the Complainant Company noticed that fire took place in Unit - 2. He immediately informed the fire brigade of Karad Municipal Council. The fire brigade took about 7 hours to largely extinguish the fire. It took six days to completely douse the fire and kill the residual heat. The Police was also informed on 4.11.2015. On inspection by the Opposite Party, it was found that almost entire frozen food and raw material stock lying in Unit - 2 was completely burnt and destroyed. The Opposite Party appointed M/s Parimal R. Shah & Company as Surveyor and Loss Accessor. The Complainant submitted a claim for Rs.2,25,85,437. On 20.5.2016, the Complainant revised the claim to Rs.2,15,83,085. In compliance of notice dated 6.11.2015 issued by Maharashtra Pollution Control Board, the Complainant also spent an amount of Rs.3,15,948 for recycling and apportionment of waste food. On 20.6.2016, a meeting took place between the Complainant and the Surveyor wherein the Complainant was informed that several items were not covered under the Policy. The Complainant, therefore, reduced / revised the claim to Rs.1,82,31,946 and submitted the revised claim, vide email dated 29.7.2016 and supplied a hard copy to the Surveyor through courier. The Opposite Party held meeting with the Complainant and the Surveyor on 16.8.2016 and the Complainant was asked to resubmit the claim on the basis of the supporting documents. On 16.9.2016, the Complainant once again reduced the claim to Rs.1,72,81,539. The Complainant came to know that the Surveyor, vide final Survey Report dated 21.6.2016 had already submitted the Survey Report assessing the loss at Rs.16,44,128. The Complainant, vide email dated 13.2.2017, raised its grievance before the Customer Care Department of the Opposite Party. The Opposite Party, vide reply dated 15.2.2017, refused to entertain the claim of the Complainant stating that the Complainant is entitled to the claim of Rs.16,44,128 as assessed by the Surveyor. Alleging deficiency in service on the part of the Opposite Party, the Complainant filed the instant Consumer Complaint with following prayer:
"(a) The Opponent be ordered to pay an amount of Rs.2,54,84,447 (two crore fifty four lakh eighty four lakh four hundred forty seven only) to the Complainant, towards compensation for the loss arising due to fire, as particularly mentioned in clause 18 of the complaint above,
(b) The Opponent be further ordered to pay interest @ 18% per annum on the principal amount of compensation of Rs.1,72,81,539 (one crore seventy lakh eighty one thousand five hundred thirty nine only), from the date of this complaint till its actual receipt by the Complainant,
(c) The Opponent be
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