BRANCH MANAGER, BANK OF INDIA vs SANJAY KUMAR GUPTA

THIS memo of appeal alongwith a limitation petition has been filed for condoning the delay. According to the office report, the limitation expired on 22.6.2000 whereas the appeal was filed on 9.10.2002. It is stated that initially the appeal was filed before the State Consumer Commission, Bihar, Patna which has not been disposed of, as a result, the instant appeal was filed. Heard the learned Counsel for the parties and perused the petition. For the reasons stated therein, let the delay in filing the appeal be condoned. 1. The Branch Manager, Bank of India, is the appellant against the judgment and order dated 23.5.2000 passed in Complaint Case No. 55/99 on the file of the District Forum, Giridih whereby the appellant Bank has been directed to get the engine repaired of the complainant by replacing the damaged parts including labour cost.

THE admitted fact is that the complainant purchased a flouer mill engine Eicher make after taking a loan from the appellant Bank under the Prime Ministers Rozgar Yojana Scheme to the tune of Rs. 54,090/- on 4.10.1996. After purchase of the engine under the Prime Ministers Rozgar Yojana Scheme financed by the Bank, the said engine was comprehensively insured with the respondent, Insurance Company, namely United India Insurance Company, Giridih, against the damage of the engine, etc. THE policy was valid for one year. During the subsistence of the policy, the engine got damaged in course of running the mill. THE complainant informed the Insurance Company regarding the damage of the engine. THE Insurance Company immediately deputed the Surveyor, Mr. Ranbir Kumar who inspected the engine and assessed the damage to the tune of Rs. 9,106/- (Rupees nine thousand one hundred six). However, the Insurance Company expressed its inability to pay the amount unless and until the bills and vouchers are submitted by the complainant showing the purchase of spare parts for replacement. THE complainant, being a poor man, expresses his helplessness to purchase the parts unless the amount is advanced to him. THE complainant also approached the Bank for grant of further loan to the tune of Rs. 14,000/- for purchase of spare parts but the Bank did not respond to the prayer of the complainant. Ultimately, the complainant approached the District Forum, Giridih, for redressal of his grievances. Heard the learned Counsels for the parties. The Bank has already discharged its liability and responsibility by paying the sanctioned amount of Rs. 54,000/- and odd and, as such, the Bank is not in a position to indemnify the complainant. However, since the engine was insured with the Insurance Company, the Insurance Company is bound to pay the insured amount on the basis of the report submitted by its own Surveyor. It is true that the Insurance Company is not supposed to pay the insured amount unless and until the complainant produces the vouchers/bills in support of his claim for replacement of spare parts of the engine. But in this particular case, judicial notice of the fact can be taken into consideration that the complainant being a poor villager, was granted a loan under the Prime Ministers Rozgar Yojana Scheme for running a small mill in the village for earning his livelihood. He has no money to purchase the spare parts and hence he has requested the Bank and the Insurance Company to pay the amount so that he can purchase the spare parts for smooth running of the Mill. In that view of the matter, this being an exceptional case, we direct the Insurance Company to pay the amount which has been assessed by its surveyor to the tune of Rs. 9,106/- to the complainant. However, we direct the complainant to submit the voucher to the Insurance Company after purchase of the spare parts. Since the matter relates to the year 1999 and the complainant is sitting idle, the Insurance Company is directed to pay the aforesaid amount within two weeks from the date of receipt/production of this order and the complainant will purchase spare parts and submit the vouchers/bills to the Insurance Company within two weeks thereafter.

It may be made clear that if the complainant fails to purchase the spare parts and submit the vouchers within the time aforesaid, the Insurance Company will be at liberty to seize the damaged engine which is in possession of the complainant. In the result, this appeal is allowed to the extent indicated above. In facts and circumstances, we are not inclined to grant compensation and/or interest on the amount so claimed. Let it be recorded that this order has been passed in presence of the parties. Application allowed.