- (1.) THE Insurance Company has come up before us by way of this appeal, feeling aggrieved by order dated 10.5.2011, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in complaint case No. 227/10, whereby the Insurance Company has been directed to pay Rs. 2,00,000 to the complainant along with interest @ 6% p.a., w.e.f. 5.11.2007 and also to pay Rs. 5,000 as compensation for mental agony and Rs. 1,000 as cost of litigation.
(2.) INDISPUTABLY , the shop and godown of respondent/complainant, M/s. Rajesh Textiles, was insured by the appellant Insurance Company under a Standard Fire and Special Perils Policy, for the period from 6.2.2007 to 5.2.2008. The said premise was hypothecated with State Bank of India to obtain finance facility. In the intervening night between 28th and 29th June, 2007 the City of Raipur suffered extensive rains for hours, resulting in water logging at many areas of the City. At some areas the water even entered in shops and godowns and remained there for hours. The case of the complainant is that, as the rainy water entered in his shop and godown also, resulting in damages in the shop and the stock kept therein, he suffered loss of around Rs. 3,00,000. Intimation was given to the Insurance Company in writing through agent and then Mr. T.S. Tuteja, respondent No. 2 was appointed as Surveyor by the Insurance Company, who collected all necessary documents from the respondent/complainant and also informed the complainant that his loss is of around Rs. 2,00,000. The complainant/respondent agreed with this assessment and then the Surveyor assured the complainant that he will submit his report to the Insurance Company within 7 days and then the amount would be paid to the insured in a short time. But, later on the Insurance Company, after 19 months, on 28.6.2007, informed the respondent/complainant that he was required to file some more documents. He immediately protested to the Insurance Company and requested to pay compensation, but when the Insurance Company paid no heed, then he filed consumer complaint before the District Forum alleging deficiency in service on the part of insurer and claiming Rs. 3,00,000 as compensation for the loss suffered in the incident of flood along with interest on the claimed amount and compensation for mental agony.
(3.) THE Insurance Company in its reply has refuted the allegations levelled against it by the insured and in the written version has averred that on 10.6.2010, it was informed by the company to the insured/respondent that his claim has been allowed only for Rs. 74,500 and he was asked to sign discharge voucher, so that the amount could be paid to him, but the complainant failed to sign the discharge voucher and so nothing was paid. In these circumstances, no deficiency in service has been committed by the Insurance Company. It has also been averred that the complainant was required to prove that in the incident of flood, he suffered some damages to the stock kept in shop and godown and the actual loss, due to damaged articles, was also required to be proved, which he failed. Learned District Forum, after having considered the material placed before it by all parties, agreed with the case of the complainant and allowed the complaint for Rs. 2,00,000, as aforesaid.;