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United India Insurance Co. Ltd. Koregaon Branch Soham Bldg., Rahimatpur Road, Koregaon, Dist. v/s M/s. Prinita Garments


Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- R K GARMENTS PRIVATE LIMITED [Active] CIN = U18100GJ1994PTC023240

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

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

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- UNITED GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2011PTC214654

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- SOHAM CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17124GJ2012PTC068698

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    First Appeal No. 2309 of 1999 (Arisen out of Order Dated 02/11/1999 in Case No. 137 of 98 of District Satara)

    Decided On, 09 November 2011

    At, Maharashtra State Consumer Disputes Redressal Commission Mumbai

    By, HONOURABLE MR. P.N. KASHALKAR PRESIDING MEMBER & HONOURABLE MR. DHANRAJ KHAMATKAR MEMBER

    For the Appellant Present: M.S. Pandit, Advocate. For the Respondent Present: None.



Judgment Text

1. This is an appeal filed by the insurance company against the order passed by the District Forum, Satara in Consumer Complaint No.137/98 decided on 02/11/1999. By allowing the complaint partly, the forum below directed the insurance company to pay to the complainant a sum of Rs.2,75,000/ for the loss sustained by the complainant in the shop with interest thereon @ 12 p.a. from 01/01/1998 till realisation to complainant and also directed to pay Rs.5,000/- towards compensation for mental torture & hardship and Rs.2,000/- towards costs.

2. The facts leading to the appeal may be stated as under:

The proprietor, M/sParinita Garments filed his consumer complaint through MR.Vidhyachandra Bhandari, R/o.Bhavani Peth, Satara against United India Insurance Co.Ltd. According to the complainant, he is tenant on the entire ground floor of the building situated at 247, Bhavani Peth, Satara. He carried on garment business since last 35 years. The complainant had insured the furniture and readymade garments in the said shop with the opponent by Policy No.161307/48/34/463/96 for the period from 24/03/1997 to 23/03/1998. According to the complainant, the owner of the said building was in possession of first and second floor. On 12/07/1997 and 13/07/1997, he commenced the work of demolition of the second floor and first floor without obtaining any permission, so also without informing the complainant. The said act of the owner of the building was malicious one and done in order to evict the complainant. The said demolition was carried out by the owner on the court holidays as order of injunction from the court would not be obtained. Soon thereafter, the complainant filed regular Civil Suit No.353/97 in the Court of Civil Judge (Sr.Dn.), Satara and an order of injunction was passed by the said court against the landlord. The complainant pleaded that the landlord removed the tin sheet roof above the second floor. The building consisted of wooden beams and columns, wooden flooring between first and second floor, so also between ground floor and first floor. Due to removal of tin sheet roof, there was heavy leakage of rain water in to the tenanted premises which damaged the furniture and garments in the shop. The damage caused to the complainant was due to malicious act of the landlord. He suffered loss of Rs.1,50,000/- in terms of loss of clothes and damage thereto and Rs.1,25,000/- in terms of furniture. The complainant, therefore, claimed total loss Rs.2,75,000/-. The complainant pleaded that he had lodged insurance claim with he insurance company and supplied all the documents and particulars, but by letter 31/03/1998, the opponent insurance company repudiated the claim and therefore he filed consumer complaint for recovering Rs.2,75,000/- as damage sustained and Rs.5,000/- towards mental hardship and costs.

3. The opponent insurance company contested the complaint by filing written version. According to the insurance company, there was long standing dispute pending in between complainant who was and is tenant in CTS No.247, Bhavani Peth, Satara of which Mr.Rajgopal Srinath Sarda is the landlord of the tenanted premises. Therefore, the insurance company contended that the damage caused to the complainant arose out of the dispute between the landlord and tenant which cannot be a subject matter of consumer dispute and therefore the complaint should be dismissed. It also pleaded that Satara Municipal Council and Rajgopal Sarda are also necessary parties and the complainant had disclosed that he has already filed Civil Suit No.353/97 in the Court of Civil Judge (Sr.Dn.) and injunction order was passed. Hence, the forum has no jurisdiction to entertain the complaint. The opponent contended that the complainant had taken policy for his furniture and stock of readymade garment for the period from 24/03/1997 to 23/03/1998. The opponent also admitted that the claim form was submitted by the complainant for the loss occurred between 12/07/1997 and 28/07/1997. After receiving claim form, they had appointed Nitin Joshi, as surveyor to assure the loss and enquire into reasons. He surveyed the shop on 14/08/1997 and submitted report that the loss was to the extent of Rs.70,871/- inclusive of salvage 50% stock assessed. The insurance company, however, repudiated the claim on the ground that cause of loss was due to dispute between the landlord and the tenant. It was arising out of malicious act of landlord of the complainant. Therefore, it was not liable to pay an amount claimed by the complainant. Hence, the claim was rightly repudiated by sending letter dated 31/03/1998. It also pleaded that the loss occurred was not due to sudden and unusual rain and because of malicious act of the landlord. It was usual rainy season. The complainant had suffered loss due to normal rain and therefore it was not covered under the policy.

4. Both the parties filed affidavits and documents. On considering the same, the forum below was pleased to hold that the repudiation of the claim lodged by the complainant was improper. The loss was caused to the complainant because of rain water entering into the premises of the complainant which was insured. The readymade garments and furniture kept in the insured premises was damaged due to rains and therefore, insurance company was guilty of deficiency in service in repudiating the claim of the complainant. It, therefore, directed that damage caused to the furniture, garments amounting Rs.1,25,234/- should be payable as per certificate issued by Nitin Sohoni interior designer of Satara. The forum below was of the view that the complainant was entitled to get the said sum from the insurance company and as such the forum directed insurance company to pay Rs.2,75,000/- for the damage suffered by the complainant to his furniture and readymade garments. The forum below also directed the insurance company to pay Rs.5,000/- towards compensation for mental torture and hardship and Rs.2,000/- towards costs. Aggrieved by the said order, the insurance company filed this appeal.

5. This appeal was filed in 1999 and it was unattended from pretty long time. We, therefore, issued notice to both the parties returnable on 25th August, 2011. On the said day, since court time was over, the matter was adjourned to today. Today, Adv.M.S.Pandit appeared for the insurance company, appellant herein. None for the respondent is present. We, therefore, decided to hear Adv.M.S.Pandit and dispose off the matter on merits. Adv.Pandit rightly submitted before us that the forum below granted compensation in excess of what has been estimated loss as per surveyor’s report. Surveyor, Nitin Joshi was appointed as surveyor after receiving intimation of loss from the complainant/respondent herein. He inspected premises of M/s.Parinita Garments and has arrived at the conclusion that the complainant was guilty of taking lesser insurance cover. Less insured margin was 30% was after assessing loss he deducted 10% and further deducted 50% of stock assessed because of salvage. According to the surveyor, the loss was to the extent of Rs.70,871/-. The surveyor mentioned in the clause of loss that the loss of stock and furniture taken due to rain and rain water came due to the pulleing down the top two floors. The surveyor noted in his survey report that for readymade garment insurance cover was for Rs.2,50,000/- and insurance for the furniture was Rs.50,000/-. This was also very clear from the insurance policy which clearly states that for the furniture insured sum was Rs.50,000/- and for all type of readymade garment insured sum was Rs.4,50,000/-and since there was under insurance and also salvage items, the surveyor recommended that the amount Rs.70,871/- would be proper assessment of the loss. As against this, while allowing the complaint, the forum below has given Rs.2,75,000/- as compensation for the damage sustained by the complainant on the basis of certificate issued by one surveyor, Nitin Sohony, interior designer on 08/09/1997. This certificate estimated the loss of furniture at Rs.1,24,234/-. However, as seen earlier the policy contained that insured sum for loss of furniture only Rs.50,000/-, but the forum below lavishly granted Rs.1,24,234/- as per report of Nitin Sohoni, who had not even filed affidavit in support of his report. The forum below also relied upon the damage caused to the garments as per the statement made by the complainant to the extent of Rs.1,50,000/-. However, the forum below did not taken into account the survey report. The surveyor is the expert in the field. He must be given due weightage and value. The surveyor has given various reasons why he arrived at Rs.70,871/-. There was margin of 30% of under insurance and there was margin of 50% salvage stock. The surveyor had asse

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ssed loss of the complainant to the extent of Rs.70,871/-. In our view, the compensation should have been awarded that amount only by the forum. By allowing this appeal partly, the damage will have to be reduced substantially in conformity with the survey report produced by the appellant insurance company and as such we are inclined to reduce the claim payable by insurance to Rs.70,871/- in place of Rs.2,75,000/- awarded by the forum below. To this extent, we are inclined to allow this appeal. Hence, the order. ORDER 1. Appeal is partly allowed. 2. Insurance company is directed to pay Rs.70,871/- in place of Rs.2,75,000/- as mentioned in clause 1 of the operative part of the order passed by the District Forum, Satara. 3. Rest of the order is kept intact. 4. This amount should be paid within 01 month from the receipt of the order by the appellant. 5. Copy of this judgement be sent to the parties free of cost.
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