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M/S. National Machine Tools vs National Insurance Co. Ltd. & Anr. on 5 February, 2018

2.       The facts of the case are that the Complainant M/s. National Machine Tools which is an authorised distributor and service depot for power tools, machine tools etc. obtained an insurance policy from the opposite party (OP) Insurance Company for their business premises for indemnity against burglary/house-breaking etc. for the period 03.03.95 to 02.03.96.  It is stated in the consumer complaint that on the intervening night of 02.09.2015 and 03.09.2015, burglary took place on the said premises and on the morning of 03.09.2015, most of the machines were found stolen.  The complainant initially found that machinery worth ₹4,76,242/- had been stolen and he lodged a report with the local police to that effect.  The Police prepared panchnama on the same day, i.e., 03.09.95.  However, on the next day, i.e., 04.09.95, when the complainant verified the stocks minutely, he found that more material costing ₹1,97,328/- had also been stolen during the incident and intimation about the same was also given to the local police.  The complainant informed the insurance company as well.  The OP Insurance Company appointed Mr. K.L. Assar as surveyor who assessed the loss at ₹7 lakh.  However, the OP Insurance Company appointed another surveyor M/s. Garg and Associates, who asked the complainant to supply various documents from time to time.  The complainant alleged that the said surveyor asked for illegal gratification from them and on their failure to meet his demand, their claim was not settled.  The complainant filed the consumer complaint in question, seeking payment of a sum of ₹6,73,570/- from the OP Insurance Company alongwith interest @18% p.a. from the date of lodging complaint and also a sum of ₹2 lakh as compensation for mental harassment etc.

Source: IK



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M/S. National Machine Tools vs National Insurance Co. Ltd. & Anr. on 5 February, 2018

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