the goan I network
PANAJI
The complainant in this case was M/s Royal Cloths and Tailors, which is into the business of stitching and also sale of ready made garments. To get a loan for business, the complainant had hypotheticated his material with Central Bank of India’s Verna branch in August 2009.
Further, the complainant bought more stock and insured the same with New India Assurance for a sum of Rs 14 lakh for the period from September 4, 2009 to September 3, 2010. This stock was hypotheticated to Central Bank of India as well.
On January 12, 2010, a fire broke out at M/s Royal Cloths and Tailors’s premises and all the stock, which was insured and hypotheticated was consumed by the fire.
As per the complainant, the total loss suffered stood at Rs 24 lakh and the relief was sought for Rs 14 lakh, but New India Assurance had reportedly denied the claim and offered a sum of just Rs 15,504.
M/s Royal Cloths and Tailors had then approached The Consumer Disputes Redressal Forum and had appealed that New India Assurance be directed to pay Rs 14 lakh along with 18 per cent interest.
New India Assurance‘s main contention was that the net liability was estimated to be Rs 15,504 as per the survey report of assessment of Mohan Pai Vernekar of the Fire Surveyors. This estimate was significantly lesser, as the insurance company claimed that certain purchases were not considered, as many bills were fake.
The Consumer Disputes Redressal Forum held that fire surveyor Vernekar’s report can’t be believed, as it doesn’t have a factual basis. The forum further said, “The report is not based on average and daily sales since the said surveyor does not state which day, which month and which year’s daily sales he has considered.”
By an order, the forum has directed New India Assurance to pay Rs 14 lakh to the complainant, a sum of Rs 1 lakh on account of stress, tension, mental agony and harassment caused to the complainant and also a sum of Rs 15,000 as a cost to complainant.
