Being the proprietor of a saw-mill situated at 20mile near patrol pump Gazol, this complainant approach before this forum/commission. He obtained bank lone behind this saw-mill from Bangiya Gramin Vikash Bank, Katna branch for running his business. He also had trade registration certificate of saw-mill period up to 2017 to 2018. He also took permission from the director general, west Bengal fire and emergency services. On 17/9/2017 complainant closed his mill and went to his house. But on 18/09/2017 about 4PM he got news by telephone that his mill was under fire. Complainant rushed to the P.O. and with the help of local people and fire brigade fire was controlled and extinguished but machinery, wooden logs and manufacturing material totally lost which amounting to damage amount total Rs. 10,00000 /-(total stock ), Rs.75,000/- for plant and machinery and Rs.1,50,000/- for damage of building. So this petitioner lost everything along with liquid cash which lying in the cash box. There after this petitioner informed to bank and insurance company. One Alok Barnerjee enquired about the damage in fire but placed vague report on 27/09/2017, 28/09/2017. All photograph and document were supplied to him but he did not pay any heed to those. Hence this complaint petition arose.

          Oriental insurance company as ops contradicted the complaint petition within a statement that complainant had no valid license for carring business from forest dept. so insurance company is not liable to pay. Fire exactly took place 21 mile distance from the mill and as per report of divisional fire officer. The documents as filed by the complainant all are illegible and genuine. Complain petition is subject to be dismissed.

::Decision with reason::

          To substantiate the claim of the complainant he examine himself followed by cross examination and filed some Xerox copy of documents like as a letter given to the Gramin Bank on the information of caching fire dated 25/09/2017.

2. Copy of F.I.R. without date.

3. A letter given by divisional fire officer to the D.M.

4. A paper cutting.

5. A balance site of income tax.

6. Inquiry report of one Alok Benarjee.

::Point to be decided::

          Whether complainant had valid license to run the business?,Whether fire caught at saw mill or elsewhere?, Whether there any deficiency in service on the part of OP or there any unfair trade practice by them?

          By evidence complainant said that 1170000/- lone was sanction by Gour Gramin Bank but factually no such sanction letter was produced or in the record for such consideration of taking lone. Complainant further deposed that he got order of purchase  within three years of the incident. But no purchas receipt is found the record. There after complainant further deposed that he insured his business campus and all things to oriental insurance company, even that paper of insurance also not deposited to the commission in original. No registration certificate of saw mill remain in the record, he submitted that fire caught at night 17/09/2017 to 18/09/2017 but time not mentioned, no photograph was marked as exbt. Or in the record.

          Now on perusal of complaint we find this complainant filed the petition against the insurance company but he failed to satisfy the commission on filing any documents of insurance against his saw mill. The documents which exist in record those are only related to the intimation of caching fire to the DM and police station nothing else. The inquiry report does not help to consider any insurance claim.

          Pertinent to say insurance council by his WNA as well as oral submission drew very much turning point to words this complain petition   when he throws the light on the insurance paper which does contain any insurance of saw mill itself. Behind it he argued, when sawmill itself is not under insurance the other materials cannot be considered behind the mill as its ancillary from the mill. He further paced argument that the entire case is concocted one because FIR which lodged by the complainant to the police station that is about 17 days after the allege incident. It is a natural instinct of a man that if any unnatural incident take place he instantly would inform to the police station but does not wait for personal investigation on the setting fire more over the licenses which deposited before the commission that does not signify that at the time of allege a incident any license of saw mill was present. There is also no paper to show his taking loan behind this saw mill from any Gramin Bank. There is no sanction letter of loan.  Any  application for loan is not sufficient to be sanctioned. That apart in pare three of his evidence complainant submitted that he purchased wooden logs within three years of his business but the cash memos produced before this commission all those are not genuine because self-same cash memos were shown repeatedly as dated 17/08/2017 ,28/08/2017/,05/08/2017 . Accordingly fabricated bills were produced before the commission. None of the person came to the commission as seller of the wooden logs on pacific dates. More over allege purchase of wooden logs within three years of the incidence was illegal because no paper was shown as permission from forest department to purchase. So it is criminal offence according to forest act. There is no receipt of Jannota industries. The registration certificate which was supplied as issued on 20/10/2017 that is 39 day after the incident. Naturally there was no trade license of mill when the incident took place. License no 125/malda/2011-2012 was issued on the name of complainant on 10/06/2011 for the period 10/06/2011 to 09/06/2012 but no such renewal of such certificate for validly carring of business even at the time of the incident. So considering everything this complaint petition be rejected.

Now from the WNA as well as on hearing aforesaid entire   submission of the opponent we the commission find no reason to pass any positive order in favor of complaint when basically insurance paper shows the policy was contracted between the two parties excluding saw mill. Therefore entire claim which has been asked by the complainant against the damages on account of fire of sawmill that claim is not obviously covered by the insurance policy.

Complain petition miserably fails.

Hence         it is Ordered,

that the petition is dismissed without any cost.

Let a copy of judgment/final order be supplied to the parties free of cost.