STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR CONSUMER COMPLAINT NO. SC/CB2/27/CC/16/33 M/S.VYANKATESH CORRUGATION PRESENT ADDRESS - MODI NO-1,SITABULDI,NAGPUR,MAHARASHTRA.

.......Complainant(s)

Versus THE NATIONAL INSURANCE COMPANY LTD PRESENT ADDRESS - 3,MIDDLETON STREET,KOLKATA-700071,MAHARASHTRA.

REGIONAL MANAGER,THE NATIONAL INSURANCE COMPANY LTD PRESENT ADDRESS - AT MANGALAM ARCADE NORTH BAZAR ROAD,DHARAMPETH EXTENSION,NAGPUR-440010,MAHARASHTRA.

DIVISIONAL MANAGER,THE NATIONAL INSURANCE COMPANY LTD PRESENT ADDRESS - AT GIJARE BHAVAN,PLOT NO-13,S.A.ROAD,LAXMI NAGAR,MAHARASHTRA.

.......Opposite Party(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE COMPLAINANT:

NONE FOR THE OPPOSITE PARTY:

ADV. C.A. ANTHONY FOR THE O.P. NO.3 DATED: 18/09/2025

ORDER

(Delivered on 18/09/2025)

Per Mrs Kalyani Kapse, Hon’ble Presiding Member

1. Present complaint is filled by the Complainant namely, M/s Vyankatesh Corrugation through its partner Shri Ramesh S/o Akhilchandra Taori, Nagpur against the opponent namely General Manager, The National Insurance Company Ltd., Kolkata, Regional Manager, Nagpur and Divisional Manager, Nagpur under section 12 of Consumer Protection Act, 1986. (In shot “The Act”)

2. Short facts leading to the filing of the present Complaint is as follows-

The Complainant firm gets Registration of Firm under Partnership Act dated 10/04/2002. The Complainant purchased a Standard Fire And Special Peril Policy from the Opposite party bearing policy No 282200/11/12/3100000553 for sum insured of Rs. 82,00,000/- by paying appropriate premium amount covering insurance period from 10/02/2013 to 09/02/2014 on 10/02/2013.

3. Fire broke out at about 3:00 hours in complainant's factory at village Khairy, and the complainant could Know it by 6:00 hrs in the morning. At which the complainant immediately called police and fire services on 03/02/2014.The complainant on the same day of fire incident i.e. 03/02/2014 also informed to the Opposite party.

4. The Opposite Party through their Preliminary surveyor shri D. K. Khedekar conducted the preliminary survey of the spot of occurrence and asked the complainant to submit the papers to settle the claim amicably on 04/02/2014. The Final Surveyor Shri Ashok Chopra, Mumbai has also visited the site of fire incident on 12/02/2014.

5. The complainant submitted the necessary documents as suggested by the Preliminary Surveyor and the final surveyors on 03/02/2014 and 12/02/2014 the necessary requirement as per the instruction and suggestions of the surveyor.

6. The complainant thus has presented his claim of fire Loss of Rs.

1,93,80,848/- on 30/04/2014

7. That Opposite Party has assessed the fire loss for settlement of claim for Rs. 48,75,588, Opposite Party has offered for settlement of fire claim for Rs 48,75.588.00 but Opposite Party did not supply to Complainant the preliminary assessment report or the calculation or assessment report on basis of which Opposite Party arrived at the calculation of Rs. 48,75,588 and under the compelling circumstance Complainant was agreed to settle the amount of fire settlement claim for Rs. 48,75,588.00.

8. That Complainant agreed to settle his final claim with Opposite Party for Rs. 48,75,588/- including all expenses and deducting all necessary deductions including salvage value. On the promise to settle the claim at earliest before end of financial year on 27/01/2015

9. The complainant after giving consent to the settlement, Opposite Party did not pay him the settlement amount as promised by them. The Opposite Party handed over delivery Discharge Voucher of Rs. 48,49,912/- which was shorter by Rs. 15,676/- on 04/09/2015

10. The complainant after giving several request and reminder received the surveyor report of assessment of loss, which was infected with several infirmities.

and anomalies and therefore not acceptable to the complainant on 08/12/2015

11. In view of the defects assessment report, arbitrary deduc