DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 71 of 2022

 

Sri Suman Das,

S/o- Lt. Probodh Ranjan Das,

Proprietor of “M/S Ananya Bazaar”,

235, Ward No- 1, Gopal Road,

Ranir Bazaar, P.S. Ranir Bazaar,

P.O. Ranir Bazaar- 799035. …...............Complainant.

 

-VERSUS-

 

The Manager,

 

 

  __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER

DISPUTES REDRESSAL COMMISSION,

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

 

For the O.P. No.1 : Sri Sampad Choudhury,

 

 

 

 

 

F I N A L    O R D E R

1. Sri Suman Das, herein after called 'the complainant' has filed this complaint pleading inter alia  that for his self employment he runs a business namely M/S Ananya Bazar at Ranir and such retail business establishment of cloths was insured with the O.P. Insurance Company. 

1.1 In the night of 07.10.2021 due to short Circuit of electricity 7 items namely (1) Computer Monitor, (2) Mother Board of Computer, (3) SMPS, (4) C.C. Camera, (5) A/C machine, (6) Computer Printer, (7) Electrical Wiring & Other Electric goods of the complainant were damaged.

1.2 The complainant lodged claim with the O.P. as per the Fire Insurance Policy claiming Rs.72,538/- which the O.P. denied to pay on the ground that under the terms of the policy the claim was not maintainable. Hence, this complaint.

 

2. The O.P. in written statement pleaded that the complainant is not a consumer and that the surveyor of the O.P. Insurance Company surveyed and submitted report that as per General Exclusion Clause vide Clause No. 7, viz- “Standard Fire and Special Perils Policy” the claim was not maintainable.

 

3. Both the parties submitted evidence on affidavit and documents including the policy of insurance.

4. Hearing argument the following points are formulated for discussion and decision:-

 

DECISION AND REASONS FOR DECISION:

5. Both the points are taken up together for convenience. 

5.1 The O.Ps although took the plea that the complainant is a Deed Writer by profession but has not proved such pleading. We find no reason for not believing the complainant that for his livelihood by way of self employment, the complainant runs the retail cloth shop namely “M/S Ananya Bazar”.

 

5.2 For the sake of brevity clause 7 with General Exclusion of the policy of Insurance is reproduced below:-

 

5.3 From the written statement of the O.P. the report dated 22.11.2022 submitted by the surveyor is also reproduced below:-

 

6. Electric machine means a device which converts mechanical energy into electrical energy like generator, motor etc. 

 

7. In the case at hand, it is not the case of the complainant that any electrical machine was damaged. Rather, the 7 items listed by the complainant in the complaint petition are not electrical machines. Computer(electronic devices) etc. are run by electricity. As such the alleged report of the surveyor is a mechanical report having no legs to stand in law. Hence, we do not find any reason to discard the case of the complainant as the O.P. Insurance Company has not disputed the case of the complainant otherwise. 

8. Both the points are decided accordingly. 

 

9. In the result, it is ordered that the O.P. Insurance company shall pay the sum of Rs.72,538/- to the complainant with interest @ 7.5% P.A., if not paid within 30 days from the date of this Final Order.

 

 

 

10. The case stands disposed of. Supply copy of this Final Order free of cost to both the parties. 

 

 Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER,

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA