Hon'ble Judges/Coram:
R.K. Agrawal, J. (President) and Dr. S.M. Kantikar ORDER
1. M/s. Pyaridevi Chabiraj Steels Pvt. Ltd., Howrah, West Bengal (hereinafter referred to as "the Complainant") have approached this Commission by filing a Complaint being Consumer Complaint No. 833 of 2020 against National Insurance Company Ltd., Kolkata, West Bengal and three other Parties seeking the following reliefs:
"91. That the Complainant seeks financial reliefs on account of financial loss and detriment to the life and livelihood of its stakeholders and for the restoration of the Company. The total sum claimed for the restoration of the Factory Premises being Rs. 28,23,05,135/- and relief from NPA which includes:
a. The sum of Rs. 9,96,50,500/- for the restoration of damaged and tilted buildings.
b. The sum of Rs. 73,03,656/- for the expenditure already incurred in restoration and replacement of Plant and Machinery.
c. The sum of Rs. 9,92,12,841/- for the loss of stocks.
d. The sum of Rs. 86,38,138/- for restoration and replacement of Plinth and foundation.
e. The sum of approximately Rs. 6,75,00,000/- for relief from NPA Other Reliefs and compensation sought:
f. Interest at the rate of 18% from the date of occurrence of the event.
g. Rs. 1,00,00,000/- for mental pain and agony of the stakeholders.
h. Rs. 2,72,00,000/- (Approx.) towards compensation on account of loss of business. As Prior to the incident the business of the Company was growing at the rate of 25% every year.
i. An amount towards ante lite, pendent lite and future interest as the Hon'ble Commission deemed fit.
j. Cost of the litigation as deemed fit by this Hon'ble Commission;
X. Prayer Clause
In view of the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Commission may kindly be pleased to grant:
a. The above mentioned Compensation/relief sought.
b. Compensation for deficiency in service on account of wrongful repudiation of the Claim in its entirety in contravention of the terms and conditions of the 'Standard Fire and Special Perils' Policy of Insurance, delay caused by the Respondents in settlement of the claim and non-determination of the estimate of loss sustained by the manufacturing unit of the Complainant;
c. Any order(s) which this Hon'ble Forum may deem fit in the interest of justice, equity and good faith."
2. From a perusal of the averments made in the Complaint, we find that on 2 June, 2016 the Complainant had taken Insurance Coverage from National Insurance Company Limited, Kolkata, West Bengal under its Standard Fire and Special Perils Policy initially for a total sum of Rs. 28,00,20,000/- (Rupees Twenty eight crores and twenty thousand only) by paying a premium of Rs. 3,20,525/- (Rupees Three lac twenty thousand five hundred and twenty five only) only. The Complainant further took an additional security coverage of Rs. 13,00,00,000/- (Rupees Thirteen crores only) on 25 August, 2020 by paying a premium of Rs. 1,23,037/- (Rupees One lac twenty three thousand and thirty seven only). According to the Complainant, Howrah Region where the Factory Premises of the Complainant is situated was severely hit by heavy rainfall, storm and river water flooding causing extensive coverage of water logging of Howrah Region for several days. Flood water had risen 4-5 feet inside the factory premises of the Complainant, which is abutted by banks of the river Ganga on two sides causing considerable damage to Buildings, Plants and Machinery and Stocks of the Complainant. It caused tilting and partial collapse of Factory Building, damaged several machines and electrical installations and damaged stocks, which was buried under a pile of concrete debris from the collapsed roof of a covered loading/ unloading area. The Complainant informed the National Insurance Company Limited, Kolkata on 05.09.2020 about the loss suffered and for making the payment of the loss suffered by estimating it.
3. After exchange of correspondence and personal interaction the National Insurance Company Limited, Opposite Party No. 1 vide letter dated 2........