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Judgment
V.K.Jain, J.
The complainant/respondent obtained an insurance policy from the petitioner company in respect of Hardware Goods/Sanitary/Saria, Cement, Tiles, Marbles & other allied goods related to the trade, to the extent of Rs.35,00,000/-, for the period from 25.09.2009 to 24.09.2010. The case of the complainant is that in an incident of fire, in their shop in Shalli Bazaar, Theog, Distt. Shimla on 14.04.2010, several goods kept in the shop were damaged/destroyed. A surveyor was appointed to assess the loss. He noted that the fire had taken place in the rented premises in a four-storeyed building of Gurbans Singh Harbans Singh. The surveyor recommended the claim to the extent of Rs.12,31,505.82p. The claim however, was rejected by the petitioner company vide letter dated 02.09.2011, which to the extent it is relevant, reads as under:
"With regard to the above, please be informed that the claim lodged by you was duly surveyed, inspected & investigated by the competent surveyors and whereafter the reports of the surveyors & investigators and all the documents & papers pertaining to the alleged loss were duly and carefully examined & processed at our end with due application of mind and in good faith by the competent authority who thereafter has come a firm conclusion that the claim lodged falls squarely outside the scope of the insurance cover extended under cover note No.211646 dated 24/09/2011 and the policy No.263100/11/2010/1456.
It is pertinent to inform you that we had extended insurance cover under the Standard Fire & Special Perils (Material Damage) Floater Policy, vide our cover note No.211646 dated 24/09/2009, for a sum insured of Rs.35,00,000/- for the period 25/09/2009 to 24/09/2010 covering thereunder the property insured of Rs.35,00,000/- for the period 25/09/2009 to 24/09/2010 covering thereunder the property consisting of "On hardware goods/sanitary/Saria, Cement, Tiles, Marbles & other allied goods related to the trade lying at Shop/Godown 1. Luxmi Halwai Building, Shalli Bazaar, 2. Hari Chand Bishan Swaroop Building, Naya Bazaar, Theog, Durga Singh Building, Theog." And since as you are aware that, the fire that broke out on 14/04/2009 at Shalli Bazaar, Theog in which the building belonging to Sh. Gurbans Singh Harbans Singh was destroyed which reportedly housed your shop & Godown of utensils & hardware goods & building materials were also destroyed, has not been insured under aforementioned cover note & policy."
Being aggrieved from the rejection of the claim, the complainant approached the concerned State Commission by way of a Consumer Complaint. The complaint was resisted by the appellant on the ground on which the claim had been repudiated.
The State Commission having dismissed the complaint, the appellant is before this Commission by way of this appeal.
The only question involved in this appeal is as to whether the shop where the fire took place and the goods were damaged/destroyed was amongst the buildings covered under the insurance policy or not.
The description of the insured premises as given in the insurance policy reads as under:
Location Address as stated herein:
Theog
Theog Shimla
Shimla
Himachal Pradesh-171201
Shalli Bazar, Shimla
Theog Shimla
Shimla
Himachal Prades-171201
It would thus be seen that the insurance policy gives only the location without describing the building which was covered under the insurance policy. No municipal number or name of the building was given in the insurance policy. However, the insured premises were described in the cover note which was issued on 24.09.2009. The description of the insured premises as given in the cover note, reads as under:
"On hardware goods/sanitary/saria,cement, tiles, marbles & other allied goods related to the trade lying at Shop/Godown 1. Luxmi Halwai Building Shalli Bazaar, 2. Hari Chand Bishan Swaroop Building Naya Bazaar, Theog, Durga Singh Building, Theog."
The contention of the learned counsel for the complainant/respondent is that the complainant was not aware of the cover note relied upon by the appellant. I however, do not find any merit in the contention since the cover note no.211646 has been clearly noted in the insurance policy itself. Had no such cover note been issued to the complainant, it would certainly have objected to a reference to the said cover note in the said insurance policy.
The cover note clearly shows that the goods kept in three buildings i.e. (i) Luxmi Halwai Building, Shalli Bazaar, (ii) Hari Chand Bishan Swaroop Building, Naya Bazaar, Theog and (iii) Durga Singh Building, Theog, were covered under the insurance policy. The fire however, had taken place in the building of Gurbans Singh Harbans Singh in Shalli Bazaar, Theog, which was a building altogether different from the buildings described in the cover note. It is therefore, evident that the loss to the complainant happened in a building which was not covered under the insurance policy taken by it. Therefore, no re-imbursement to the complainant is admissible in respect of the loss suffered on account of fire in the said building.
The learned counsel or the complainant states that the policy for the period from 25.09.2009 to 24.09.2010 was a renewal of a previously issued policy. I have also perused the previous policy, which was issued for the period from 23.09.2008 to 22.09.2009. The aforesaid policy covered the complainant to the extent of Rs.25,75,000/-. On the other hand, the policy in question i.e. the policy for the period from 25.09.2009 to 24.09.2010 covered the complainant to the extent of Rs.35,00,000/-. Therefore, it cannot be said that the policy for the period from 25.09.2009 to 24.09.2010 was a renewal of the policy for the period from 23.09.2008 to 22.09.2009.
For the reasons stated hereinabove, the impugned order cannot be sustained and the same is accordingly set aside. The complaint is consequently dismissed with no order as to costs. The amount which the appellant had deposited in terms of the interim order of this Commission dated 03.10.2012, shall be refunded to the appellant alongwith interest which may have accrued on that amount. The statutory deposit shall also be released to the appellant, alongwith interest which may have accrued on that amount.