ORDER

HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER Order No. : 11 Date : 05.02.2024 Feeling aggrieved by and dissatisfied with the judgement pronounced in CC/64/2017 exparte against the OPs of CC/64/2017 on 09.08.2017 by the Ld. DCDRC, Birbhum (Suri), the said OP No. 1 of CC/64/2017 S.B.I. General Insurance Co. Ltd., represented by its Branch Manager Birbhum (Suri) has preferred the instant Appeal against the complaint of CC/64/2017 Jayanta Kumar Mondal and OP No. 2 of the CC/64/2017 SBI Shantinekatan Branch, represented by its concerned Branch Manager Shantinekatan, P.O. and P.S. Bolpur, District Birbhum.

By filing the M.O.A. in this Appeal, the Appellant has contended that there was non consideration by the Ld. DCDRC, Birbhum in respect of dissatisfactory service of summons upon the OP No. 1/Appellant in the CC/64/2017 dated 09.12.2021 since erroneous address of the OP No. 1 of CC/64/2017 was given by the complainant of CC/64/2017, so reflected in cause title of CC/64/2017.

It is agitated by the Appellant/OP No. 1 of CC/64/2017 that there was non-

consideration by the Ld. DCDRC, Birbhum that the Ld. Advocate representing the Appellant in the lower forum at Birbhum had no authority on instruction to represent the OP No. 1 in CC/64/2017, so the OP No. 1 in CC/64/2017 could not get scope to file the written version in CC/64/2017 in time and could file written version in CC/64/2017 after getting proper notice but the complaint case No. CC/64/2017 ran exparte against the Appellant/OP No. 1 in CC/64/2017 for no fault of the OP No. 1/Appellant.

It is also agitated by the Appellant/OP No. 1 in this Appeal that Survey Report filed by the Appellant/OP No. 1 in CC/64/2017, was not given due appreciation and though the Ld. DCDRC delivered the judgement of CC/64/2017 exparte against the OP No. 1 of CC/64/2017 due to non filing of the Written Version from the end of the OP No. 1 in CC/64/2017 yet the Ld. DCDRC Birbhum Suri relied on certain points contained in the written version filed by the OP No. 1 in CC/64/2017 and thereby pronounced the judgement in CC/64/2017 exparte by awarding a sum which is much beyond the loss assessed by the Surveyor who determined the loss amounting to the Rs. 21,450.43p on assessment on all materials particulars similar correctly.

By filing the instant Appeal, the Appellant has contended that the instant Appeal be allowed by setting aside the impugned judgement of CC/64/2017 dated 09.12.2021, passed exparte against the OP No. 1 of the said CC/64/2017since the OP No. 1 in CC/64/2017 was not heard at all, by giving it due scope to contest in that complaint case and since the judgement pronounced exparte in CC/64/2017 is meritless and unreasoned one.

This gist of the complaint case reveals that the complainant of CC/64/2017 Jayanta Kumar Mondal had purchased a long term Insurance Policy being No.

0000000001920998 with the OP No. 1/Appellant, SBI General Insurance Co. Ltd., Birbhum, Suri Branch with sum assured Rs. 12,56,000/- valid from 15.07.2014 to

14.07.2029 and during the continuation of that insurance coverage fire broke out in the house of the complainant at the premises of the complainant/OP No. 1 to the present Appeal No. 2 of 2022, at Shantineketan on 23.01.2016 at 2.30 pm causing fire damages to the eastern bed room, dining room, breakage of glass of the residential building of the complainant, affecting and damaging the colour of the eastern side bed room of the complainant, colour of the verandah, doors and window of the residence of the complainant besides affecting and damaging the wall putty, electrical gadgets, wires, switch board, wooden cot, quilts bed pillow, wearing apparels of the complainant’s family members.

It is forthcoming from the contentions of the complainant that necessary repayments of the damaged and affected materials caused the complainant to incur Rs. 1,01,428/- and on furnishing detailed materials on that score, the OP No. 1/Appellant SBI General Insurance Co. Ltd. did not entertain that