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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2778 OF 2012
 
(Against the Order dated 02/04/2012 in Appeal No. 2286/2005 of the State Commission Haryana)
1. M/S. HARYANA STRAW BOARD INDUSTRIES
Through Partner, Sh. Lalit Goyal, Fatehpuria Road, Rania, Tehsil Rania,
Sirsa
Haryana
...........Petitioner(s)
Versus 
1. NEW INDIA ASSURANCE CO. LTD.
Through Sr. Divisional Manager, Near General Bus Stand,
Sirsa
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. C. VISWANATH,PRESIDING MEMBER

For the Petitioner :
Mr Avanish Kumar, Advocate
For the Respondent :
Mr. R. B. Shami, Advocate

Dated : 22 Dec 2020
ORDER

1.       This Revision Petition has been filed against the judgment dated 02.04.2012 of the Haryana State Consumer Dispute Redressal Commission, Panchkula (for short ‘the State Commission’) in First Appeal No. 2286 of 2005.

2.       Brief facts of the case are that the Complainant is a registered partnership firm manufacturing and selling Hard Board under the name and style of M/s Haryana Straw Board Industries. Mr Lalit Goyal is one of the partners of the Complainant firm. Complainant’s factory was situated at Fatehpuria Road, Rania, Tehsil Rania, District Sirsa. Complainant insured its stocks of all kinds of raw material which were used for the manufacturing of hard board and hard straw board, sarson tura, wheat tura, straw of wheat and paddy, rice husk and mustard straw (sarson kurta) etc., valuing Rs.15.00 lakh with the Respondent/Insurance Company. The Insurance Company issued a Standard Fire and Special Perils Policy No.353700/11/04/00070 to the Complainant for the period 14.05.2004 to 31.05.2005. On 25.05.2004, due to high intensity storm, stock which was kept in open in the factory premises was blown away. According to the stock register and other books of account, due to the storm, the stock got reduced from 17203 quintal to 12803 quintal, due to which the Complainant suffered a loss of 4400 qunital of stock.  The Complainant gave intimation of the loss to the Insurance Company on 26.05.2004. The Insurance Company appointed Mr. O. P. Madaan, Surveyor and Loss Assessor to inspect the insured premises and ascertain the loss suffered by the Complainant. On the basis of the documents furnished by the Complainant, the Surveyor gave his report to the Insurance Company assessing the loss at Rs.51,653/-. The Complainant stated that it was not provided with the survey report, though it was provided with the assessment of loss. Complainant parallelly got a survey conducted by an another Surveyor, Shri S K Jain, who assessed the total loss to the tune of Rs.3,69,325/-. The Insurance Company, however, settled the claim at Rs.51,653/-, vide letter dated 19.07.2004. Dissatisfied with the settlement of the insurance claim at Rs.51,653/-, the Complainant filed Consumer Complaint No. 422 of 2004 before the District Forum, Sirsa with the following prayer:

  1. The respondent be directed to make payment of sum of Rs.3,63,000/- to the complainant on account of losses suffered by the complainant;

  2. The respondent be further directed to pay a sum of Rs.50,000/- as compensation to the complainant on account of causing him unnecessary harassment, hardship, fatigue, inconvenience, mental tension, pain, agony, stress, disappointment and displeasure;

  3. To allow the cost of the proceedings to the tune of Rs.5000/- by accepting the complaint in its entirety; and

  4. Any other relief, in addition to all above or in the alternative to which the complainant is found entitled by the Hon’ble Forum, may also kindly be granted to the complainant, in the interest of justice.

3.       Complaint was resisted by the Respondent/Insurance Company.  After hearing the parties, the District Forum, vide its order dated 30.09.2005, allowed the Complaint and directed the Respondent/Insurance Company as follows:

“Hence, keeping in view the facts and circumstances of the case, we direct the respondent/ insurance company to pay an amou

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