2023 Supreme(Online)(NCDRC) 955
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
CONSUMER CASE NO. 303 OF 2017
1. PALANADU COLD STORAGE
BY ITS MANAGING PARTNER.
NEAR MARKET YARD, MACHERLA ROAD, RENTACHINTALA-522421.
GUNTUR
A.P.
...........Complainant(s)
Versus
1. NATIONAL INSURANCE COMPANY LTD. & 4 ORS.
BY ITS BRANCH MANAGER.
B-54KAVALI BUSINESS CENTRE, 2ND FLOOR,D. NO.10-29/5/J, 1ST LANE, CHRISTIANPET, KAVALI-524201.
NELLORE
2. M/S. NATIONAL INSURANCE COMPANY LTD., BUSINESS CENTRE HUB.
BY ITS CHIEF REGIONAL MANAGER.
D. NO. 45-57-21/1, 4TH FLOOR, R.R. TOWERS, NARASIMHAPATNAM, AKKAYYAPALEM.
VISHAKAPATNAM-530024
3. ANDHRA BANK.
BY ITS BRANCH MANAGER.
RENTACHINTALA BRANCH, RENTACHINTALA-522421
GUNTUR
4. ANDHRA BANK, SPECIALIZED AGRICULTURAL FINANCE BRANCH.
BY ITS BRANCH MANAGER.
KHAIRTABAD.
HYDERABAD-500004
TELANGANA
5. CANARA BANK
D.NO.11-3-227/2, MACHERLA-522426.
...........Opp.Party(s)
CONSUMER CASE NO. 259 OF 2018
1. M/S. PALANADU COLD STORAGE
NEAR MARKET YARD, MACHERLA ROAD,
RENTACHINTALA - 522 421,
GUNTUR DISTRICT,
ANDHRA PRADESH,
REP. BY ITS MANAGING DIRECTOR
SRI C. MADHU BABU
1. M/S ORIENTAL INSURANCE CO. LTD. & 3 ORS.
DIVISIONAL OFFICE - II,
PB NO. 782, SIDDHARDHA WOMEN'S COLLEGE ROAD,
BUNDAR ROAD, LABPIPET,
VIJAYWADA - 520 010
REP. BY ITS DIVISIONAL MANAGER
2. M/S ORIENTAL INSURANCE CO. LTD.
REGIONAL OFFICE,
#48-14-111, SRIN NITYA COMPLEX,
2nd FLOOR, OPP. KARNATAKA BANK,
RAMA TALKIES ROAD, CBM COMPOUND,
VISAKHAPATNAM - 530 013,
REP. BY ITS CHIEF REGIONAL MANAGER
3. ANDHRA BANK
RENTACHINTALA BRANCH,
RENTACHINTALA - 522 421,
GUNTUR DISTRICT, ANDHRA PRADESH,
REP. BY ITS BRANCH MANAGER
4. CANARA BANK
D. NO. 11-3-227/2,
MACHERLA 522 426,
GUNTUR DISTRICT, ANDHRA PRADESH,
REP. BY ITS BRANCH MANAGER
BEFORE:
 
HON'BLE MR. C. VISWANATH,PRESIDING MEMBER
HON'BLE MR. SUBHASH CHANDRA,MEMBER
FOR THE COMPLAINANT :
Dated : 13 June 2023
For the Petitioner: MS. VAISHNAVI & ASHEESH JAIN & MR. AKSHAY JOSHI & MR. SHUBHAM PANDEY
For the Respondent: MR. VISHNU MEHRA & SAKSHI GUPTA
ORDER
CC NO. 303 OF 2017
For the Complainant : Mr. Arvind Nayar, Sr. Advocate
Mr. K. Maruthi Rao, Advocate
Mr. C. Madhu Babu, Advocate
For Opp. Parties No.1 & 2 : Mr.Yogesh Malhotra, Advocate
For Opp. Party No.3 : Mr. Arjun Malik, Advocate
CC NO. 259OF 2018
For the Complainant : Mr. Sameer Abhyankar, Advocate
Mr. Akshay Joshi, Advocate
Ms. Vani V. Chhetri, Advocate
Ms. Nishi S., Advocate
Ms. Sugandh Rathore, Advocate
Mr. C. Madhu B., Advocate
For Opp. Parties No.1 & 2 : Mr.Vishnu Mehra, Advocate
For Opp. Party No.3 : Mr. Arjun Malik, Advocate
ORDER
1. As the facts and the dispute involved in the aforesaid two Consumer Complaints are same, they are disposed of by common order treating CC/303/2017 as the lead case.
2. The Complainant is a cold storage and acts as a custodian for the agricultural produce stored by the farmers. The Complainant obtained a Standard Fire & Special Perils Policy No.566018111310000062 for a sum of Rs.14 crores (Rs.4 crores for building, plant & machinery and Rs.10 crores for stock) valid from 30.03.2014 to 29.03.2015 from National Insurance Company Limited. On 09.09.2014, vide endorsement No.566018111382100004, the sum insured was enhanced from Rs.14 crores to Rs.19.5 crores (Rs.5,50,000/- towards building, plant & machinery and Rs.14 crores towards stock). The insured stocks consisted of dry chilly, onion, potato, cashew nut, bengal gram, red gram, green gram, black gram, coriander, fruits, pulses, groundnuts and other agricultural products.
The Complainant also took another Standard Fire & Special Policy No.463400/11/2015/70 on the stocks of mirchi, bengal gram, daal and all agricultural products for a sum of Rs.8 crores valid from 30.05.2014 to 29.05.2015 from Oriental Insurance Company Limited. The farmers used to take loans from the Bank by pledging their cold storage bonds issued by the Complainant. The Complainant signed as a guarantor for the farmers who took loan from the Bank. The Bank had also taken collateral securities from the Complainant apart from guarantor agreements. It was a common practice of all the cold storages to have an agreement with the bankers to give loan facility to the farmers on the guarantee and collateral securities of the cold storage.
On 15.10.2014 at about 2.00 am, a major fire accident broke in the cold storage of the Complainant. The incident was immediately reported to the Police and A.P. State Disaster Response as well as the Fire Service Department and the local authorities. The Complainant also informed the Opposite Parties about the fire accident. Entire stocks got burnt in the fire and the building also completely collapsed. Deputy Electrical Inspector, Guntur, alongwith local electricity authorities, inspected the premises and conducted necessary investigation and enquiries. On 15.10.2014, the Opposite Parties appointed Mr. Y. Siva to conduct preliminary survey. On receipt of preliminary Survey Report, the Opposite Parties appointed M/s Comtec Surveyors for conducting final survey and assessment of loss. The Opposite Parties withdrew the said Surveyor and on 03.12.2014 appointed Mr. B. Nageswara Rao as Surveyor & Loss Assessor for assessment of loss. The Complainant submitted all documents sought by the Surveyor. The Complainant filed a claim before National Insurance Company Limited for Rs.13,98,39,112/- for loss of stocks and Rs.5,50,96,707/- towards building, plant & machinery. The Opposite Parties also appointed M/s Truth Labs for ascertaining the cause of fire. As the claim was