N.S.V.PRASAD RAJU Vs. NEW INDIA ASSURANCE CO.LTD.
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NEW INDIA ASSURANCE CO.LTD.
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE complainant is a
farmer and sole proprietor of M/s. Srinivasa Poultries, Veerampalem
village, West Godavari District which is having a capacity of 40,000
birds (layers) which was established with the financial assistance of
M/s. Vysya Bank Ltd., Tadepalligudem. The complainant had insured the
poultry shed, poultry feed, eggs etc., under Policy No. 116610500 06189
dated 19.9.1996 for a period of one year for Rs. 60,38,000/ - by paying a
premium of Rs. 18,793/ -.
(2.) WHILE so there was an unprecedented cyclone storm in Bay of Bengal which hit the coast in East Godavari District causing devastating
loss to life and property in both the Godavari Districts. The
complainants suffered extensive damage to his poultry sheds, feed and
eggs apart from death of 1,000 birds. The complainant informed the
opposite party Insurance Company through their banker on 7.11.1996. On
8.11.1996 the opposite party deputed one Mr. M. Venkateswara Rao who conducted preliminary survey. On 23.11.1996 one Mr. N. Prasad another
Surveyor visited the farm of the complainant and conducted survey. He
verified the stock position and initialled in the records.
(3.) THE complainant submitted his claim to the Surveyor claiming a sum of Rs. 9,92,692/ - towards loss of feed and eggs. However, the
opposite party after long correspondence sent a voucher for Rs. 83,661/ -
on 5.12.1997 towards full and final settlement. The complainant and his
banker protested for the meagre settlement. The opposite party again sent
another voucher for Rs. 1,01,559/ - as full and final settlement. The
complainant and his banker did not accept the settlement. But the
opposite party refused to pay the said amount since the complainant did
not accept to sign the voucher as having received under full
satisfaction. In view of the unreasonable attitude of the opposite party,
the complainant suffered irreparable loss as he was constrained to pay
heavy amounts as interest towards the loan account in the Bank. Hence the
In the written version filed by the opposite party it is admitted that on 6/7.11.1996 there was a cyclonic storm which caused to
the coastal areas. The complainant preferred a claim for the damage
caused to his poultry farm under Policy No. 116610500 06189. One Mr. M.
Venkateswara Rao conducted preliminary survey. Later Mr. N. Prasad was
appointed to conduct a detailed survey. The insured chose to submit the
claim form to the Surveyor directly and not to the opposite party
Company. The Surveyor submitted his report on 8.10.1997 and the Company
settled the claim at Rs. 83,661/ -. On the request of the Bank Manager and
the insured, the claim was reviewed and the loss was assessed at Rs.
1,01,539/ -. Though the claim vouchers were sent to them, the insured chose to accept the payment ˜Under Protest. Therefore, the claim could
not be settled.;
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