S.C. Case No. CC/56 of 2009. Case: M/s. Tarun Kanti Choudhury Vs Oriental Insurance Co. Ltd. and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case NumberS.C. Case No. CC/56 of 2009
CounselFor Appellant: Saikat Mali and S.S. Banerjee and For Respondents: Debjit Sinha, Sujib Kr. Chakraborty and Prasanta Banerjee
JudgesD. Bhattacharya, Member and J. Bag, Member
IssueIndian Partnership Act, 1932 - Section 69(2)
Judgement DateMarch 21, 2013
CourtWest Bengal State Consumer Disputes Redressal Commission


J. Bag, Member

  1. The present complaint in brief is as follows: The Complainant M/s. Tarun Kanti Choudhury purchased on 20.08.2007 a Fire and Special Perils Insurance Policy bearing No. 311702/11/2008/145 from the Oriental Insurance Co. Ltd. in respect of repair and maintenance of a 5- km road (completed) constructed from Muchighata to Nadippur the District of Hooghly the policy was valid for the period from 22.8.2007 to 21.8.2008. The sum insured was Rs. 2,12,23800 (Two crore twelve lakh twenty three thousand and eight hundred) only. The road was severely damaged by flood, the Complainant after due intimation to the O.P. Insurance Company lodged a claim worth Rs. 48,49,365.22 before the O.P. who engaged a Surveyor for inspection of the property/affected area on or about 30.09.07 and arranged for a joint inspection of the damaged road on 22.12.2007. Thereafter, in March 2008 Survey Report containing an assessed loss of Rs. 24,83,977/- was prepared, but allegedly the claim of the Complainant was not processed for several months. In acknowledging the receipt of a reminder letter of the Complainant for settlement of the claim preferred the O.P. insurance company on 18.02.2008 asked the complainant, as a matter of reminder, to furnish the 'Contract Data' without delay. In spite of furnishing of required documents by the Complainant and also after renewal of the insurance policy for the period from 22.8.2008 to 21.08.2009, the O.P. Insurance Company by their letter dated 13.03.2009 repudiated the claim. Hence, in filing a petition of complaint, the Complainant prayed before this Commission for direction for an award of Rs. 25,00,000/- towards compensation and also for withdrawal of the letter of the O.P. Insurance Company dated 11.05.2009 by which the Insurance Company cancelled the insurance policy and refunded the premium amount of Rs. 66,000/- and also prayed for an interim order of stay of all operations and effect of the cancellation of the said letter. Notice being served upon the O.P. insurance company for appearance, the said O.P. filed an application for order on the point of maintainability of the complaint under No. M.A.263/09 which was on 14.01.2010 disposed of against the complainant dismissing the complaint. The order was appealed against before Hon'ble National Commission, under F.A. No. 71/2010. Thereafter, as directed by Hon'ble National Commission for hearing of the case afresh. OP was asked to file written version...

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