w w w . L a w y e r S e r v i c e s . i n



M/s. BCPL Railway Infrastructure Ltd. v/s The Manager, United India Insurance Co. Ltd.


Company & Directors' Information:- UNITED INDIA INSURANCE COMPANY LIMITED [Active] CIN = U93090TN1938GOI000108

Company & Directors' Information:- A INFRASTRUCTURE LIMITED [Active] CIN = L25191RJ1980PLC002077

Company & Directors' Information:- K P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203GJ2004PTC043482

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- B & G INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U40105TN2001PTC047408

Company & Directors' Information:- BCPL RAILWAY INFRASTRUCTURE LIMITED [Active] CIN = U51109WB1995PLC075801

Company & Directors' Information:- O B INFRASTRUCTURE LIMITED [Active] CIN = U45200TG2006PLC049067

Company & Directors' Information:- K U INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45206TG2008PTC096209

Company & Directors' Information:- Y T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2010PTC206409

Company & Directors' Information:- R K D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209WB2009PTC131919

Company & Directors' Information:- B AND B INFRASTRUCTURE LIMITED [Active] CIN = U85110KA1987PLC008488

Company & Directors' Information:- R L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102UP2010PTC041755

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- B S R INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101KA2006PTC038204

Company & Directors' Information:- K B A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2009PTC194291

Company & Directors' Information:- V P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082368

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- D G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45401MH2004PTC146369

Company & Directors' Information:- E K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066962

Company & Directors' Information:- A & A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1976PTC008196

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- G. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2005PTC152633

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U93000MH2014PTC258844

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U74999MH2014PTC258844

Company & Directors' Information:- UNITED INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U23201MH1998PTC117527

Company & Directors' Information:- M AND S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC083038

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- S. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155904

Company & Directors' Information:- K S INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101MP2006PTC020722

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- G. V. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2012PTC234078

Company & Directors' Information:- S A P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141285

Company & Directors' Information:- K S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175908

Company & Directors' Information:- N P L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400CH2009PTC031638

Company & Directors' Information:- P A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155015

Company & Directors' Information:- G S T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2006PTC160073

Company & Directors' Information:- P J INFRASTRUCTURE PVT LTD [Active] CIN = U45200MH2006PTC159217

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- A V C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102TG2007PTC056671

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- I V M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC073968

Company & Directors' Information:- U S INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74999DL2002PTC117525

Company & Directors' Information:- N. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2006PTC049520

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- N B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009989

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- C C I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063617

Company & Directors' Information:- A B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2004PTC144994

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- L V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TG2006PTC051289

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- S & I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2007PTC037191

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- D L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CT2018PTC008919

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- L R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45402TN2007PTC064029

Company & Directors' Information:- G. D. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45209MH2010PTC208011

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- B K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC136992

Company & Directors' Information:- R A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC143884

Company & Directors' Information:- A S INSURANCE AND INFRASTRUCTURE INDIA LIMITED [Strike Off] CIN = U74140MP2009PLC022555

Company & Directors' Information:- C M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122794

Company & Directors' Information:- C D E INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2012PTC235483

Company & Directors' Information:- V & B INFRASTRUCTURE (I) PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2010PTC206803

Company & Directors' Information:- C & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74210PN2008PTC133179

Company & Directors' Information:- UNITED INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Active] CIN = U45400TG2008PTC059876

Company & Directors' Information:- S C N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U67200TG1995PTC021606

Company & Directors' Information:- J V INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2005PTC139686

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- M S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084032

Company & Directors' Information:- Z M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200GJ2010PTC063179

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- AND INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999PY2016PTC008099

Company & Directors' Information:- J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200UR2012PTC000254

Company & Directors' Information:- T S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100MP2008PTC021187

Company & Directors' Information:- G T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2011PTC064637

Company & Directors' Information:- G L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050660

Company & Directors' Information:- M I J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125213

Company & Directors' Information:- B T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2004PTC043463

Company & Directors' Information:- S & O INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2011PTC214034

Company & Directors' Information:- G S V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2008PTC059195

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- V N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203928

Company & Directors' Information:- U R INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127085

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- S S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC137437

Company & Directors' Information:- D S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138026

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- V INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200DL2009PTC191676

Company & Directors' Information:- K W INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC224462

Company & Directors' Information:- M. A. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC158810

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- R. R. G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC170567

Company & Directors' Information:- M & H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U80904DL2007PTC166303

Company & Directors' Information:- B H I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101MP2012PTC029256

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- C D INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74900HR2007PTC037175

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- A AND H INFRASTRUCTURE LIMITED [Strike Off] CIN = U45203MH1998PLC117368

Company & Directors' Information:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

    Complaint Case No. CC/184/2015

    Decided On, 21 January 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER

    For the Complainant: Bhaskar Roy, Advocate. For the Opp. Party: S.N. Ganguly., Advocate.



Judgment Text


Shyamal Gupta, Member

The complaint case filed by M/s BCPL Railway Infrastructure Ltd., in a short compass, is that, M/s U.K. Construction and Bapi Construction are the units of M/s BCPL Railway Infrastructure Ltd. Two Storage cum Erection Insurance Policies vide Nos. 500700/44/10/04/40000031 and 500700/44/10/04/40000032 were taken in the names of U.K. Construction and Bapi Construction, respectively. Both the policies were valid for the period from 19-11-2010 to 18-02-2012 with further extended period up to 18-08-2012. During subsistence of the said policies, an incident of theft took place on 20/21-11-2011 at the godown of the Complainant. The matter was duly communicated to all concerned, including the OP Insurance Company. Accordingly, the OP deputed its Surveyor, who carried out extensive survey for days together. The claims of the Complainant being repudiated by the OP subsequently, feeling dejected, the Complainant filed the complaint case.

On notice, the OP turned up before this Commission through its Ld. Advocate. It was submitted by the OP that the policies were taken by both U.K. Construction and Bapi Construction almost two years since dissolution of the said firms. According to the OP, the said policies were taken by the concerned firms as juristic persons albeit those entities did not have any independent existence and none of the entities had any Balance Sheet and on the contrary both the entities provided documents stating that they merged with a new company called Bapi Construction & Electrical Engineering Pvt. Ltd. w.e.f. 01-04-2008. A Deed of Dissolution of Bapi Construction was notorized on 05-05-2008 and an agreement of takeover of business by U. K. Construction was also notorized on the same day. As the said policies were taken in the names of non-existent firms, according to the OP, the said policies stood void and accordingly, no liability under the subject policies could be impounded upon it. Further case of the OP was that, the Surveyor noted various anomalies in respect of the subject claims of the Complainant. Therefore, considering all aspects, the instant claims were repudiated.

The moot point for determination is whether the Complainant deserves any relief or not.

Ld. Advocate for the OP argued that admittedly, M/s U. K. Construction and Bapi Construction were dissolved in the year 2008 and therefore, it was highly improper on their part to take the subject insurance policies in the said names in the year 2010.

It appears that the Complainant obtained legal opinion from M/s Mukherjee & Biswas, Solicitors & Advocates in this regard. In the opinion of the said Solicitor firm, communicated vide its letter dated 03-03-2009, the Complainant could do business in the names of Bapi Construction and U. K. Construction provided description was given as BCPL Railway Infrastructure Ltd. Unit Bapi Construction and BCPL Railway Infrastructure Ltd. Unit U. K. Construction, respectively. The only bar was that it could not operate the bank accounts stood in the names of Bapi Construction and U. K. Construction.

It appears from the record that the insurance policies were taken in the names of Bapi Construction and U. K. Construction incorporating further therein that the same were unit of BCPL Railway Infrastructure Ltd.

Admittedly, the Complainant made frank and candid disclosure about the actual state of affairs while taking the policies in question. Despite knowing such developments, as it did not raise any objection, I am of opinion that, at this stage, the OP cannot rake up this technical issue.

Ld. Advocate for the OP also disputed the admissibility of the subject claims on the ground that there was palpable discrepancy in the contents of FIR lodged with concerned Police Station vis--vis Complainant’s letter addressed to M/s S. N. Associates dated 29-01-2013.

On a reference to the entire case record, however, I did not come across the purported letter dated 29-01-2013, as alleged by the OP. Thus, I could not formulate any opinion in this regard.

Pointing out that, in the FIR, the place of occurrence was mentioned as ‘Krishnachak, Anchal-IV, J.L. No. 267, Block-I, P.S. Contai, Purba Medinipur’, Ld. Advocate for the OP claimed that the said place was not covered under the policies and accordingly, no relief was payable to the Complainant. He also questioned the rationale of lodging complaint with local Police Station instead of GRP.

In this regard, Ld. Advocate for the Complainant submitted that at midnight on 20/21-11-2011, some unknown miscreants broke open the main door of the godown and overpowered the authorized person of Complainant’s Kanthi godown and thereafter, escaped with OHE materials. He further asserted that it hardly makes any difference whether the complaint was lodged with local Police Station or GRP concerned. If the concerned local Police Station had no jurisdiction, it could refer the matter to the GRP.

It transpired from the FRT that in course of investigation, the IO succeeded in recovering some of the stolen materials, but could not arrest any miscreant and ultimately submitted FRT/Charge Sheet u/s 379, IPC. The competent Criminal Court accepted the said FRT. Therefore, to my mind, there should not have been any dispute as regards the authenticity of the incident of theft of insured materials, as alleged by the Complainant.

It appears from the record that the Complainant wrote several letters to the Surveyor clarifying its position regarding the various issues raised by him from time to time. It is significant to note that, the Surveyor did not take those clarifications into his consideration while finalizing the Surveyor Reports. This is highly questionable. If he was so determined to attach no importance to the clarification of the Complainant and went ahead with his pre-determined mindset, there was no point seeking those clarifications from the Complainant in the first place. As an independent Surveyor, in my considered opinion, while sincere attempt was made from the end of the Complainant to satisfy the need of the Surveyor, even if the same was not acceptable to him, he should have blunt those clarifications by giving proper explanation in his report.

I do not wish to cast any unwarranted aspersion upon the Surveyor. However, on due scrutiny of the documents on record, particularly the explanations as provided by the Complainant from time to time, I feel that there was no valid reason to turn down the claims of the Complainant.

The Surveyor assessed the loss in respect of

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U. K. Construction and Bapi Construction as Rs. 12,55,894/- and Rs. 10,77,854/-, respectively. No abnormality being detected with the valuation process being adopted by the Surveyor, in my considered opinion, the OP must settle the subject claims by paying the aforesaid assessed value along with simple interest @ 9% p.a. from the date of filing of the complaint case, i.e., 01-06-2015 till full and final payment is made. I also allow a litigation cost of 25,000/- in favour of the Complainant being payable by the OP. In case the aforesaid decreetal sum is not paid within 40 days from this day, Complainant shall be at liberty to execute this order in accordance with law. The complaint case, accordingly, stands allowed in part.
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