- (1.) INSURANCE Company filed this appeal under Section 15 of the Consumer Protection Act, 1986 , against the order dated 2.11.2006 passed by the District Forum, Dehradun in Consumer Complaint No. 12 of 2003.
(2.) COMPLAINANT was running a distemper/paint manufacturing unit at Lal Tappar, District Dehradun. He purchased insurance policy for sum of Rs. 4,50,000 and the risk covered was in regard to machine and tools, etc. worth Rs. 84,000 and stock of distemper, etc. worth Rs. 3,66,000. By letter dated 24.6.2002 (Paper No. 25), complainant intimated his banker that production in the factory was closed in the month of May, 2002 and manufactured stock of the material kept in the factory was damaged by heavy rain and inundation in the night of 23.6.2002. Complainant, thus, called upon the banker to have the damage assessed. According to the complainant, his claim was not settled despite the visit of the insurer s surveyor Mr. Arvind Yadav to his manufacturing unit to assess the damage caused to the stock. With this allegation, consumer complaint was filed alleging deficiency in service in settling the claim and compensation of Rs. 4,94,190 together with interest, etc. was claimed.
(3.) INSURER contested the complaint on the grounds that the surveyor did not find any apparent loss and vide his report dated 5.7.2002 submitted that there was no apparent immediate damage observed. Further, the complainant was requested to separate the alleged damaged stock and to furnish the requisite documents, but no compliance till date has been made by the complainant. The complainant was given intimation of NO CLAIM by letter dated 8.7.2002. Insurer also pleaded that no deficiency in service was made by repudiating the claim in the absence of proof of any damage to the stock. The District Forum, on an appreciation of the material on record, observed that it appears that some damage was caused to the stock of the material in the unit of the complainant, but the complainant himself caused delay in settlement of the claim by either not submitting the required documents or by not submitting the relevant documents in time. It was also observed that surveyor has also not made any assessment of the damage caused to the stock. Finally, the District Forum decided to award compensation to the tune of 30% of the amount claimed in the consumer complaint and this way, awarded compensation of Rs. 1,48,257 together with simple interest @ 8% p.a. in case the said awarded compensation was not paid within 90 days from the date of the order. Aggrieved by the propriety and legality of the order, insurer filed this appeal.;