CERS compels public sector insurer to settle claim of Rs 80 lakh previously rejected on invalid grounds
Ahmedabad, June 06 th , 2013
A tactical move by a government-owned general insurer to reject a valid claim of an amount as high as Rs. 80 lakh by making convenient interpretation of the terms & conditions of the insurance policy was blocked by intervention of nationally renowned consumer organization Consumer Education & Research Society (CERS), which filed a case on behalf of a city-based firm in Consumer Disputes Redressal Commission, Gujarat and got an order in favor of the complainant for the settlement of the claim. The State Commission ordered New India Assurance to pay Rs.80 lakh within 30 days with interest at the rate of 9% and also asked to pay additional amount of Rs. 50,000/- towards the litigation cost and Rs. 1,00,000/- as compensation for the mental agony faced by the complainant.
As per the case details, Doshion Ltd. providing solutions for water management, received a contract for installation of a desalination plant on turn-key basis from Kerala Minerals Metal Ltd in 2005. As prescribed in the bid document, the company got a standard fire & special perils policy covering risk of Rs. 29.25 crore including cover of Rs. 5 crore for construction materials and other stocks before commencing the work in 2006 from New India Assurance Company Ltd by paying a premium of Rs. 8.08 lakh.
Thereafter, during the progress of the work, the construction site was flooded by the sea water due to breach in a nearby earthen embankment and whole machineries and material mobilized for the work were destroyed. The development was immediately reported to the insurance company. As per the evaluation, the damage was to the tune of about Rs. 80 lakh and Doshion Ltd put up a claim of Rs. 86.93 lakh before the insurer. However, the claim was rejected saying that the site, where the damage was done, was different one from the place cited in the insurance policy.
As the move was illegal, Doshion Ltd approached CERS to intervene. After verifying all the details, CERS filed a complaint in the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad. On behalf on CERS, Mr. Apurva Dave appeared in the Commission. After hearing both parties through their counsels, the Commission rejected the argument made by New India Assurance company and passed an order in favor of the complainant asking the insurer to suitably compensate.
For further details please contact: Mr Apurva Dave, +91 98255 55854