SUNIL GENERAL AGENCIES Vs. NEW INDIA ASSURANCE CO LTD
LAWS(NCD)-2020-7-20
NCDRC
Decided on July 07,2020

Sunil General Agencies Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents




JUDGEMENT

Prem Narain, J. - (1.) This appeal has been filed by the appellant M/s. Sunil General agencies against the order dated 21.10.2011 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short the State Commission') passed in Complaint No.10/22.
(2.) Brief facts of the case are that the complainant subscribed to shopkeepers policy of insurance bearing No.153200/ 48/08/34/00000104 for amount of Rs.75,00,000/- which is issued by opposite party to provide insurance cover to all types of general items including cigarettes stored in the shop premises of the complainant. During the midnight at about 02:30 a.m. to 02:45 on 27.4.2009, fire erupted in the shop of the complainant due to electric short circuit and all the goods in the shop were lost/damaged in the fire and also suffered loss to his building including furniture estimated to Rs.70,00,000/-. Prompt steps were taken by the complainant to control the damage by informing fire brigade and police authorities immediately. Complainant also informed opposite party about the fire and therefore the surveyor Shri J.C.Bhansali was appointed by opposite party. All the required documents/list of the stock was furnished to the surveyor. Opposite party informed the complainant on 16.10.2009 that the claim of Rs.20,66,315/- has been approved as full and final settlement. Thereupon the complainant on 20.10.2009 signed and submitted the discharge voucher 'under protest'. Later on, the opposite party informed on 23.10.2009 stating that the claim amount of Rs.20,66,315/- is payment of full and final settlement and requested the complainant to submit fresh discharge voucher. Thereupon the complainant again submitted discharge voucher on 26.10.2009 under protest to accept the said amount of Rs.20,66,315/- reserving his right for balance claim and accordingly, sent letters dated 26.10.2009 and 27.10.2009 to the opposite party. The opponent Insurance Company did not release the said claim amount and therefore, notice through a lawyer was issued by the complainant on 4.11.2009 for release of the claim amount as the complainant was willing to accept the same under protest though loss suffered was to the tune of Rs.70,00,000/- as the complainant was in dire need of money. However, the opposite party did not release the said amount. Aggrieved thereby, the complainant filed consumer complainant and prayed that:- "To direct opposite party to pay an amount of Rs.87,10,000/- to the complainant as per the particulars of claim. Pending hearing and final disposal of this complaint, opposite party may be directed to pay Rs.20,66,315/- to the complainant.
(3.) State Commission vide its order dated 21.10.2011 partly allowed the complaint with cost of Rs.10,000/- State Commission directed opposite party to pay Rs.20,66,315/- to the complainant together with interest @12% p.a. and Rs.10,000/- as compensation.;


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