NATIONAL INSURANCE CO LTD vs Utkal Forest Products Ltd

THIS appeal arises from order dated 30th April, 2003 rendered by the learned Banaskantha District Consumer Disputes Redressal Forum in Consumer Case No. 186/2002 directing the opponent Insurance Company to pay to the complainant Rs. 1,50,000/ - with interest @ 9% from 14.10.2002 till payment, compensation in the sum of Rs. 3,000/ - on the head of mental harassment and cost in the sum of Rs. 2,000/ -.

IT would appear that on account of Godhra incident riots broke out and during the period 28.2.2002 and 6.3.2002 the complainants shop was attacked by the rioters who set it on fire. The complainant sustained huge loss. The complainant had taken shopkeepers insurance policy from the opponent Insurance Company covering risk of fire. Complainant lodged claim of Rs. 2,00,000/ - and submitted all required papers. However, as the complainant did not get any satisfactory reply from the opponent Insurance Company he had to file aforesaid complaint before the learned Forum. Opponent Insurance Company appeared before the learned Forum through its learned Advocate but failed to file affidavit in reply or produce any material before the learned Forum. Learned Forum, therefore, accepted the version of the complainant but came to the conclusion that the claim could not be more than Rs. 1,50,000/ - and issued directions as aforesaid. We have heard the learned Advocates appearing for the parties. We have gone through the impugned order. We have gone through the memorandum of appeal.

IT would appear that the matter went ex parte on account of the opponent Insurance Company having not filed any affidavit in reply or written statement as also having not produced any evidence before the learned Forum. However, we would not have shown indulgence in favour of the opponent but bearing in mind the fact that even the complainant did not place on record any material to substantiate the claim set out by the complainant in his complaint, we, therefore, called upon opponent Insurance Company to show us the survey report. After verifying the survey report it could be noticed that the Surveyor assessed net loss at Rs. 99,459/ -. Complainant does not have any evidence in support of his claim. Available claim could not be more than Rs. 99,459/ -. Even as on today the complainant would not be in a position to satisfy this Commission for claiming any amount more than the amount assessed by the Surveyor. It is settled law that the survey report is a very important document and unless there is evidence otherwise, it ought to be accepted. In that view of the matter we propose to rely upon the survey report, which has been shown to the complainants learned Advocate. We would, therefore, modify the main direction accordingly.

SINCE the matter went ex -parte we do not propose to interfere with rest of the order as such a matter going ex parte clearly displays negligence and deficiency in service on the part of the opponent Insurance Company even at the stage of proceeding before the learned Forum. In that view of the matter bearing in mind all the facts and circumstances of the case we pass following order: Impugned order dated 30th April, 2003 rendered by the learned Banaskantha District Consumer Disputes Redressal Forum at Palanpur in Consumer Case No. 186/2002 is hereby modified by replacing the amount of Rs. 1,50,000/ - by Rs. 99,459/ - and maintaining the rest of the order. Office of this Commission is to verify the amount of Rs. 25,000/ - stated to have been deposited by the opponent Insurance Company in this Commission and interest, if any, accrued on the same and pay the same to the complainant by A/c payee cheque after six weeks from today. Opponent Insurance Company is hereby directed to pay the balance amount as per this order within six weeks from today. This appeal is accordingly partly allowed with no further order as to cost. Appeal partly allowed.