Sri Shyamal Gupta, Member

This complaint case was filed over repudiation of Complainant’s insurance claim by the OP Insurance Company.

Brief facts of the case, as narrated in the petition of complaint, are that, in the wake of natural calamity, namely, AILA on 25-05-2009, almost all the packing materials at the Dankuni godown of the Complainant got destroyed.  In this regard, necessary claim to the tune of Rs. 14,23,763.58 was lodged with the OP.  However, vide its letter dated 17-03-2010, the instant complaint was repudiated by the OP; hence the complaint.

By submitting a WV, the OP submitted that the Complainant did not furnish various details sought for by the Surveyor.  As the Complainant did not render due cooperation to the Surveyor, the said claim was closed as ‘No Claim’. 

Pointer for consideration

1. Whether the case is maintainable in its present form and prayer, or not?

2.Whether there is any deficiency in service on the part of the OP Insurance Company or not?

3.Whether the Complainant is entitled to any relief, or not?

Decision with reasons

Point No. 1:

It appears from the copy of subject insurance policy, viz., Standard Fire and Special Perils Policy that sum insured of the said policy is Rs. 14,00,00,000/- which is far above the pecuniary jurisdiction of this Commission.  In view of this, the complaint is not maintainable here.

Point Nos. 2&3:

In the light of our above findings, we are not inclined to discuss these issues.

Consequently, the complaint fails.

Hence,

O R D E R E D

The case stands dismissed on contest against the OPs being not maintainable.  Complainant is, however, accorded due liberty to approach the appropriate Court of Law for redressal of its grievance, if it so desires.  In that case, Complainant may be entitled to the benefit of the observation of the Hon’ble Supreme Court in Laxmi Engineering Works v. P.S.G. Industrial Institute, II (1995) CPJ 1 (SC) for the purpose of exclusion of the time spent in pursuing its case under the 1986 Act so far.