- (1.) The Opposite Party in COP.31/2004 on the file of District Consumer Disputes Redressal Forum, Chennai (North), Chennai, is the appellant.
(2.) The complainant, who is running a business, in the name and style of Meta Films (India) Ltd., in order to insure the machineries, took a comprehensive policy called Standard Fire and Special Perils Policy from the opposite party, covering the period from 09.07.2002 to 08.07.2003. On 30.10.2002 at about 2.00 a.m. fire broke out in the complainants factory, in which, some of the switches, ACB, Cables and other machines got burnt. On the day itself, a claim was lodged, on that basis, on 31.10.2002, a Surveyor was sent by the opposite party to assess the damage. On the very same day, without assigning any reason, the claim was rejected. Thereafter, further representation was made in writing as well telephonically. Though the complainant had insured the goods valued at Rs.6.5 crores and paid the premium alone Rs.1.30 lakhs, arbitrarily, indicating no reason, the claim was rejected. The conduct of the opposite party amounts to deficiency in service as well indulging in unfair trade practice. On the above basis, a direction was sought for, to pay a sum of Rs.85,000/- being loss caused by fire accident, a further sum of Rs.2 lakhs for the loss of business and for further sum of Rs.50,000/- as compensation.
(3.) The opposite party/appellant in his Written Version inter alia contended, that the complainant had informed the opposite party by fax, that the estimated damages would be around Rs.50,000/-, that the Surveyor have found and reported that all the damages which occurred due to the fire on 30.10.2002, fall under Clause 7 of the General Exclusions of the Standard Fire and Special Perils Policy and as such, they are not liable to pay any compensation, thereby, justifying their repudiation, praying for the dismissal of the complaint.;