ORIENTAL INSURANCE CO. LTD Vs. P.G. CLOTHING
LAWS(TNCDRC)-2010-7-9
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on July 28,2010

Appellant
VERSUS
Respondents

JUDGEMENT

M. THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) The facts necessary to decide the appeal briefly as follows: The complainant/ respondent, who is engaged in job work contracts, and expert in the garment industry, turning out fabric into finished garments, based upon the requirement of others, had insured the stocks fabric, garments, machineries, etc. with the opposite party, and the premises being 1/20, GST Road, Singaperumal Koil, Kancheepuram District. The sum assured was Rs.2.7 lakhs, for which, without default, premium also paid.
(3.) On 12.10.2001, after work, the factory was closed at about 8.45 p.m., and the complainant left to his residence. At about 10.00 p.m., through telephone, a friend informed, that there was fire in his factory, and when rushing to the spot, he had noticed, that sizeable quantity of stock, including the raw materials and finished goods, supplied by VVR Apparels, and Unitex Fashions, also destroyed, in addition to the finished goods, belong to the complainant. On the basis of the policy, the complainant informing the opposite party, lodged a claim for Rs.4,78,761.60/-, which was not at all considered by the opposite party, despite number reminders orally, as well as through letters. The inaction, on the part of the opposite party to indemnify the value of the goods, caused mental agony, preceeded by deficiency in service, for which alone the complainant is entitled to a sum of Rs.9 lakhs, which is restricted to Rs.5,00,000/-. Thus as a whole, for the deficiency committed, as well as for the goods damaged in the fire, the complainant is entitled to a sum of Rs.9,78,761.60/-. Hence the complaint.;


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