ORDER

1.      Heard Mr. Suresh Tripathy, counsel for the complainant and Mr. K.K. Bhat, Advocate, for the opposite parties. 

2.      M/s. Shree Ganesh Natural Fibres (the Insured) has filed above complaint has been filed for directing New India Assurance Company (opposite party) to pay Rs.47669567/- as insurance claim and any other relief, which is deemed fit and proper in the facts of the case.

3.      The complainant stated that it was a registered partnership firm and engaged in the business of ginning cottons and manufacturing cotton bales from raw cotton. The complainant had 24 ginning machines and one cotton baling press machine at its factory premises situated at Pulgaon Road, Arvi, district Wardha, Maharashtra. Raw cotton and finished goods are stored in factory compound, in the sheds and open places both. The complainant obtained Standard Fire and Special Perils Policies mentioned below for total sum of Rs.95000000/-:-

4.      In the intervening night of 14.03.2017/15.03.2017 at about 3:15 hours, the fire was broke out in the factory premises of the complainant. The workers of the complainant tried to control the fire, but it spread soon and took devastating nature. The management informed Fire Service Station from where the fire brigades were deputed on the spot and they could control the fire up to 16:00 hours of that day. Due to the fire and the water spread by the fire brigade, the stock of raw cotton and finished material, machinery, buildings etc. were damaged. The complainant intimated the incident as well as loss to the Insurer on 15.03.2017, on which the officers of the Insurer visited the factory premises on the same day. The Insurer appointed Mr. Navin Jain, Surveyor & Loss Assessor, Navi Mumbai, as the surveyor. The surveyor visited factory premises on 16.03.2017 and on subsequent dates. He prepared inventory and took the photographs. As desired by the surveyor, the complainant supplied all the material and evidence to surveyor for assessing the loss. The surveyor submitted Final Survey Report dated 12.07.2017, assessing the loss to Rs.37282123/-. A copy of the report was also supplied to the complainant. The complainant vide e-mail dated 01.09.2017 requested the Insurer to settle the claim in terms of the survey report. However, the complainant did not receive any response from the opposite party. Then several reminders were given vide e-mail dated 07.09.2017, 16.09.2017, 18.09.2017, 25.09.2017, 04.10.2017 and 09.10.2017 inasmuch as several reminders upto 05.01.2018, but the Insurer did not respond to any of the letters given by the complainant. Then this complaint was filed on 08.03.2018 claiming deficiency in service.

5.      After filing of the complaint, the opposite party paid Rs.15000000/- to the complainant on 26.03.2018. The opposite party appointed J.C. Bhansali & Co., Pune as a second surveyor. The second surveyor also inspected the factory premises of the Insured and collected photographs and other papers. Second Surveyor submitted his report on 25.07.2018, in which, assessment of loss as done by previous surveyor has not been doubted in any manner. But for the reasons known to him an amount of Rs.1469266/- has been reduced from the assessment of loss. Thereafter, the Insurer sent an e-mail dated 10.04.2019, for releasing balance amount as per report dated 25.07.2018 with condition withdrawal of complaint, which was not accepted by the complainant.

6.      The opposite parties filed their written reply on 18.05.2018, in which material facts have not been disputed. The opposite parties took plea that the complainant was a commercial unit as such the complaint is not maintainable. The Insurer has already paid Rs.15000000/- to the complainant. The opposite parties do not dispute that the surveyor in report dated 12.07.2017 assessed the loss to Rs.37282123/- and receipt of email dated 07.09.2017 from the complainant. The Insurer is not bound to abide by the surveyors report and entitled to apply its own