NATIONAL INSURANCE COMPANY LIMITED Vs. RAJINDRA SANITARY FITTINGS COMPANY

JUDGEMENT

(1.) THIS appeal has been filed under Section 15 of the Consumer Protection Act, 1986 , (hereinafter called the Act ) against judgment and order dated 13.3.2001 passed by District Consumer Forum 1st, Agra in Complaint Case No. 97 of 1998. Revision has been filed against order dated 11.2.2002 in execution proceedings.

(2.) INITIALLY a complaint was filed with the allegations that the complainant is doing business of manufacturing metallic valves and cocks. During the course of business he had to maintain huge stocks of various metals like brass rods, gun metal, leads, etc. which are used as raw material. Besides, huge machinery is also installed and patterns are kept in the factory for manufacturing. The complainant obtained insurance from the appellant for goods, plant and machinery which was valid from 15.9.1996 to 13.9.1997 covering the risk to the extent of Rs. 6,05,000/ - regarding burglary, etc. In the night of 10/11 August, 1997 a theft was committed in the factory premises of the complainant. The matter was reported to the opposite party and the police. The Surveyor appointed inspected the premises on the same day, i.e., 11.8.1997 who after examining the entire record was fully satisfied with the claim of the complainant. He also obtained copies of the relevant account books, stock registers and vouchers, etc. from the complainant. Further allegation of the complainant is that Surveyor adopted hostile attitude because he could not satisfy the Surveyor s illegal demand. When the claim was settled, complaint was filed for directing the opposite parties to pay Rs. 5 lacs along with interest at the rate of 20% per annum.

(3.) THE opposite party No. 1 in the written statement stated that the complainant is not manufacturing unit but a trading unit only, hence there is no question of maintaining huge stock of raw material and the risk of burglary was only covered to the extent as per terms and conditions of the said insurance. The policy covered Rs. 2 lacs on plant, machinery and tools, Rs. 5,000/ - on furniture, fitting and fixtures and Rs. 4 lacs on stocks of valves, sanitary fitting, finished and unfinished goods in process. It is also denied that any burglary/theft was committed in the factory premises. The Surveyor appointed visited the factory but it is denied that he was satisfied with the claim of the complainant, but the Surveyor reported that the relevant papers were not made available to him on the date of loss. It was also stated that the allegations against the Surveyor about adopting hostile attitude are vague and baseless. Also there has been no breach of obligations and there has been no deficiency on the part of the opposite party No. 1.