Surveyor's Report Not Sacrosanct; Insurer Can't Escape Liability Without Proving Insured Caused Fire: Uttarakhand State Consumer Commission - 2025-06-24

Reliable Legal Information.

Surveyor's Report Not Binding, Insurer Must Prove Insured's Fault for Fire: State Commission Orders Payout

Dehradun, Uttarakhand – In a significant ruling reinforcing the rights of policyholders, the Uttarakhand State Consumer Disputes Redressal Commission has held that an insurance company cannot repudiate a fire claim based solely on a surveyor's adverse report, especially when it fails to provide concrete evidence that the insured deliberately caused the fire. The Commission, presided over by Ms. Kumkum Rani (President) and Mr. C.M. Singh (Member), directed The New India Assurance Co. Ltd. to pay Rs. 56.65 lakhs to M/s M.K. Menthol Industries for a fire incident at its factory.

Background of the Dispute

M/s M.K. Menthol Industries, a partnership firm in Kashipur, held a Standard Fire and Special Perils Policy from New India Assurance for Rs. 2.10 crore, covering its plant, machinery, and stock. On December 20, 2015, a fire broke out in the unit, causing significant damage. The company filed a claim for Rs. 97.31 lakhs.

However, the insurer, relying on a report by surveyor S.K. Agarwal & Co., repudiated the claim. This prompted the menthol company to file a complaint with the State Consumer Commission, alleging deficiency in service.

Arguments from Both Sides

The Insurance Company's Stance: The insurer argued that the claim was fraudulent, citing several points from the surveyor's report: * Suspicious Circumstances: The surveyor noted that the firm's financial health was poor, its bank account was on the verge of being declared a Non-Performing Asset (NPA), and there had been no production for 2-3 months prior to the fire, suggesting a motive. * No Accidental Cause: The report claimed there were no signs of an electrical short circuit, the most plausible accidental cause. It dismissed the possibility of the air conditioner causing the fire, questioning why it would be running on a cold December evening. This was supported by low electricity consumption records. * Missing Documents: Crucial documents like the stock register and purchase vouchers were reported lost by the firm's manager just 17 days before the fire, which the insurer found highly suspicious. * Inconsistencies: There was a discrepancy in the reported time of the fire (6:00 PM vs. 7:30 PM) between different documents.

The Complainant's Rebuttal: M/s M.K. Menthol Industries vehemently contested the surveyor's findings, arguing: * Biased Report: The surveyor’s report was based on assumptions and conjectures, not facts. For instance, the surveyor was not an electrical engineer and could not definitively rule out a short circuit in the AC's stabilizer. * Rational Explanations: The low electricity consumption was due to the AC being on an auto-shutoff mode, which would not consume power if the ambient winter temperature was already low. The time discrepancy was a simple typographical error. * Proof of Loss: The firm provided repair quotations and photographs showing extensive damage to heat-sensitive machinery and the complete loss of volatile mentha oil stock, which the surveyor arbitrarily ignored or undervalued. * Fire Brigade Report: The official report from the Fire Department cited a short circuit as the likely cause of the fire.

Commission's Key Findings and Legal Principles

The State Commission critically analyzed the surveyor's report and found it wanting. The judgment highlighted several key principles:

• Surveyor's Report is Not Sacrosanct: Citing rulings from the National Commission and the Supreme Court, the Commission emphasized, "The surveyor's report is not the final word and it is not binding upon the insured or insurer... it is not that sacrosanct that it cannot be departed from."
• Burden of Proof on Insurer: The Commission invoked the principle laid down by the Supreme Court in Canara Bank vs. M/S United India Insurance Co. Ltd. It stated, "Whether the fire took place by a short circuit or any other reason, as long as insured is not the person who caused the fire, the insurance company cannot escape its liability." The insurer had failed to produce any evidence to prove the fire was deliberately set by the complainant.
• Rejection of Speculative Reasoning: The Commission found the surveyor's assessment of machinery damage to be "imaginary." The surveyor had assessed repair costs at Rs. 1.70 lakhs without considering the Rs. 41.31 lakh quotation provided by the complainant. The court found the surveyor's conclusions about the AC and short circuit to be based on personal belief rather than technical evidence.

The Final Verdict

Finding a "gross deficiency in service" by The New India Assurance Co. Ltd., the Commission allowed the complaint. It discarded the surveyor's loss assessment and calculated the payable amount based on the evidence on record.

The Commission ordered the insurer to pay the complainant a total of Rs. 56,65,071/- , which includes: - Rs. 35,99,571/- for the loss of stock. - Rs. 20,65,500/- (50% of the submitted repair bill of Rs. 41.31 lakhs) for machinery repairs.

This amount is to be paid with 6% annual interest from the date of filing the complaint until realization, along with Rs. 10,000 for litigation costs, within one month of the order.