JUSTICE DEEPA SHARMA (ORAL) THROUGH VIDEO CONFERENCING

1.      The present revision petition has been filed against the order dated 7.3.2013 in appeal No.358 of 2011 of the petitioner (hereinafter called the insurance company) whereby the appeal was dismissed.

2.      The appeal had been filed by the petitioner against the order of the District Forum dated 13.7.2011 in consumer complaint no.15 of 2011 of the respondent whereby the claim of the respondent (hereinafter called the complainant), was allowed and following directions were issued :

Para 3 :-

“That the Consumer Complaint No.04 of 2009 (old)/15 of 2011 (new) be and the same is allowed in part on contesting against the OP Nos.1 &2 (Branch Manager, National Insurance Co. Ltd., Purulia Branch & Regional Manager, National Insurance Co. Ltd., Kolkata Regional Office II)

That the Complainant do get Rs.5,22,233.00 (Rs. Five Lacs twenty two thousand two hundred and thirty three) only from the O.P. No.1 & 2 on account of loss of damaged materials by fire.

That the Complainant do get Rs.5,000.00 (Rs. Five thousand) only towards compensation for harassment and mental agony.

That the Complainant do get Rs.5,000.00 (Rs. Five thousand) only towards litigation cost.

That the complainant is not entitled to get interest over the said amount.

That the O.P. Nos.1 & 2 are directed to pay the aforesaid awarded amount to the Complainant within 30 (thirty) days from this date; failing which, the Complainant shall be at liberty to proceed in accordance with law.”

3.      The brief facts of the case are that the complainant had insured his shop cum godown situated on the 3^rd Floor at Doctor Danga, Chaibasa Road, Holding No.312, Purulia with the insurance company.  He had purchased two insurance policies, one for the shop and other for the godown.  During the validity of these policies, a fire had broken out at about 11.25pm on 28.12.2006 wherein his shop and godown were gutted.  The local police and the fire brigade were duly informed and it took about two and a half hour for fire tenders to extinguish the fire.  The incident was reported under G.D. No.1210 dated 29.12.2006, the complainant also informed the insurance company about the incident.  Insurance company appointed Sh.Pravakar Kumar Roy for the preliminary survey.  He had submitted his report on 3.1.2007.  The preliminary surveyor confirmed the incident of fire in the shop as well as in the godown of the complainant.  The insurance company thereafter appointed the surveyor namely Mr.J.M. Dugar of Apex Surveyors Pvt. Ltd. who had assessed the losses.  The surveyor has submitted his report on 22.12.2008.  Thereafter, the insurance company wrote a letter dated 12.1.2009 to the complainant asking for certain documents from him.   Complainant being dissatisfied from the attitude of the insurance company filed his complaint on 5.2.2009.

4.      In the complaint, the complainant had alleged deficiency on the part of the insurance company and claimed damages for the loss occurred to him in the shop and in the godown under two insurance policies.

5.      In the written statement, the claim was contested by the insurance company on several ground