Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
1. This is a consumer complaint filed by Prime Health Care Products against IFFCO-TOKIO General Insurance Co. Ltd. According to the complainant, it is a partnership firm having its office at Mumbai and factory at Daman. Complainants are manufacturers of toothpaste, hair care products, body wash, hand wash, creams etc. for Hindustan Unilever Ltd. They are carrying out the manufacturing activities in their premises at Survey No.168, Plot No.198to207, Dabhel, Nani Daman. They had hired a building on rental basis on Plot No.22 for use as godown for storage of packaging materials. The opponent is the Insurance Company carrying out business of general insurance. Opponent issued insurance policy known as “Industry Protector Policy” bearing No.47104803 for the period 14/03/2008 to 13/03/2009. The complainant paid `4,90,833/- for said policy and under the said policy their plant and machinery, building, furniture, fixtures, fittings and stocks were covered to the tune of `31.80 Crores under the head “Fire & Allied Perils”. The stocks and goods were insured for a sum of `10 Crores. The location covered under the policy were Survey No.168, Plot Nos.198to207, Dabhel, Nani Daman, Plot No.22, Dabhel Industrial Co-op. Society Ltd. Dabhel, Nani Daman (Affected Location) and 2/2, 2/3, 1/3/4 constructed at Plot No.2, Diamond Industrial Estate, Dabhel, Daman. The complainant pleaded that they had lodged insurance claim bearing No.47007445 after their goods were heavily damaged on the night intervening 30/06/2008 and 01/07/2008 in their premises at Daman. Because of heavy rains their stocks of raw materials, packaging materials stored on 2nd floor were damaged. There was accumulation of water in their store and it was noticed that water had accumulated on the terrace due to heavy rains and same entered into the storage area. The complainants’ persons at the premises tried to save the stocks from damage. However, much of the material was damaged due to unprecedented heavy rains. The packaging materials, mainly in the form of bottles, cartons, sachets, laminated pouches, etc. and some of the materials packed in corrugated boxes were also affected. The complainants by their letter dated 02/07/2008 lodged their claim and requested the opponent to appoint a Surveyor for assessment of loss. Copy of said letter is annexed and marked as Exhibit-C to the complaint. Preliminary survey was done by the Surveyor Mr.Samir Desai from Vapi. The Surveyor estimated the initial loss at `34,99,615/- and submitted a final claim. Surveyor M/s.Mehta Padamsey Pvt. Ltd. was appointed by the opponent and complainants provided the documents as required by the Surveyor. Surveyor by their letter dated 12/09/2008 asked for certain more documents. They opined that the damage as shown by the complainants was not due to flood as peril covered under the policy. Surveyors were of the view that no insured peril had operated and there was no liability under the policy issued by the opponent. The complainants told the Surveyors that they are not agreeable with their opinion and cause of loss was inundation. The complaina
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