- (1.) S .A. Makhija, Member: 1. This complaint is filed by the complainant under the provisions of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act ' for the sake of brevity).
(2.) THE short facts of the complainant 's case are that the complainant had obtained the policy number 11/2000/01027 for the period from 9.9.1999 to 8.9.2000. This was the last policy and prior to that also policies were taken year to year. On 18.12.1999 in the night the fire broke out in the insured premises. Someone from the neighbourhood informed the Fire Station. Fire Brigade people controlled the fire by using four fire fighters. The FIR was registered by the police and police Panchnama was also drawn. The opponent No. 1 Insurance Company was also informed immediately. The complainants had suffered loss of goods valued at Rs. 9,89,382. The complainants had kept regular stock records, which were verified by the bank. The Mamlatdar, D.S.O. Jamnagar also had the stock reports of goods. The complainant had filed the claim with opponent Insurance Company but the claim came to be repudiated illegally on 31.7,2001. The complainants therefore have approached this Commission for redressal, The opponent No. 1 have filed their reply at Exh. 7 inter alia stating that the policy is taken by opponent No. 2 bank and the complaint is filed by the power of attorney holder of the complainants. The complainants are not insured, hence they have no right to file this complaint. The fire is reported to have taken place at rented godown of complainant on or before 18.12.1999. Thereupon the insurers appointed M/s. G.P. Dave and Sons as Surveyors to survey the loss of the property. The whole case looked shady and as such Messrs Absolute Consultants Pvt. Ltd., were appointed as Investigators to the loss. The said Messrs G.P. Dave and Sons in their report dated 27.6.2001 have stated (i) that the assured complainants had manipulated and fabricated the books of accounts for obtaining benefit from the financial institution such as SBI as well as advantage from the insurances, (ii) the cause of fire was incendiary in nature and not accidental, and (iii) the fire was set with the knowledge and connivance of assured with motive to get advantage from contract of insurance. The assured by fabricating and manipulating the books of account submissions on the basis of fake or forged bills in support of the stock reportedly kept by them in the said godown at the time of fire have tried to mislead the underwriter i.e. the insurers. The complainant has committed breach of principle of Utmost Good Faith. The claim therefore has rightly been repudiated. The said Investigators M/s. Absolute Consultants Pvt. Ltd., in their report dated 14.10.2000 have supported the say of the Surveyors by stating that the complainant has forged purchase invoices and that it appeared that insured had planned the whole incident since long as he has started arranging for these invoices and their entry in the stock register. Since fourth month onwards. Rest of the say of the opponent No. 1 however is in denial.
(3.) THE opponent No. 2 SBI, Jamnagar has filed its reply at Exh. 5 inter alia stating that the complainants are maintaining cash credit account with them and a limit of Rs. 4 lacs was granted to their unit against hypothecation of stocks. The unit had taken valid insurance policy from opponent No. l covering risk of Rs. 10 lacs and it was valid upto;