ORDER

Date of order:   24-11-2016

Upendra Jha,Member       

                   This appeal is directed against the order dated 31-12-2015 passed by the District Consumer Forum, Purnia in Complaint Case No.02 of 2014 by which the appellant is directed to pay the respondent a sum of Rs. 98,000/-(Rupees ninety eight thousand only) with 8% interest and Rs. 5,000/- as compensation.

2.                The complainant was running Oil cum Flour Mill with financial assistance of Central Bank of India. The said Mill was insured by the appellant. During the insurance period on 20-05-2004 due to heavy storm, roof of the Mill and Godown was completely destroyed. The complainant claimed for Rs. 98,000/- from the Insurance Company who deputed a surveyor to assess the loss but the claim was not settled and the loan account became NPA. Then, after ten years the complainant filed complaint before the District Forum, Purnia. The Opposite-party-appellant contested the case. The District Forum passed the impugned order against which this appeal is preferred.

3.                           Respective written notes of arguments have been filed by the all parties. Heard and perused the District Forum order.

4.                           The District Forum holding deficiency in service on the part of the O.P.-appellant for non- payment of claimed amount, has allowed the claim and passed the impugned order.

5.                           The counsel for the appellant submits that the complaint is hopelessly barred by limitation as the claim of the claimant was closed vide letter dated 19-03-2006 but the complaint has been filed after ten years in the year 2016.So,it is not maintainable and fit to be dismissed on this ground only. The complainant did not submit any claim form before the Insurance Company or before surveyor. But the District Forum wrongly allowed the claim which is fit to be set aside.    

6.                           The counsel for the respondent- complainant submits that the order passed by the District Forum is proper and justified. It needs no interference by the Appellant Authority. The appeal is fit to be dismissed.

7.                           The counsel for the respondent Bank submits that the Bank sanctioned Rs.1, 67,500/-(Rupees one lacs, sixty seven thousand and five hundred only) on 15-02-2003 which was insured by the appellant-O.P.As the loan amount was not repayed by the complainant, hence, it turned into NPA. The said account was closed on 30-05-2014.The Bank has nothing to say on merit of this case.

8.                             Having considered the submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has not analyzed the case in correct perspective.  On the basis of surveyor report, the O.P.-appellant repudiated the claim of the complainant. There is no justification to direct the appellant-Insurance Company for payment of Rs. 98,000 /- with 8% interest. The complainant never repayed of loan amount. To save himself for repayment of loan amount, a concocted story seems to be created. When, the loan account became NPA, the respondent-Bank issued notice to the complainant for repayment of loan dues. Then, the complainant filed a complaint before the District Forum. Surveyor’s report is an important document to assess the loss of damage, held by the Hon’ble Apex Court in several decisions. It cannot be ignored. In the result, the District Forum order is set aside and the appeal is allowed.

       S.K.Sinha                         Renu Sinha                  Upendra Jha                                                                      

      President                           Member (F)                   Member (M)

           Anita