Remanded

A.Sharafudeen v. United India Insurance Co.Ltd.

Kerala HC14 Oct 2011WP(C)/20679/2007

Case brief

AI extract

What is this about?

Petitioner sought writ relief for non-settlement of insurance claim. Court directed the Insurance Regulatory Development Authority to expeditiously consider the pending grievance complaint. Plaintiff's claim remains pending due to dispute over damages.

What did the court decide?

Directed the additional fourth respondent to take a final decision on the pending complaint (Ext.P22) within three months.

A.Sharafudeen Vs United India Insurance Co.Ltd. — Consumer Protection | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933

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WP(C).No. 20679 of 2007(J) --------------------------------------PETITIONER(S): -----------------------

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A. SHARAFUDEEN, S/O.AHAMED KANNU, VATTAVILA PUTHEN VEEDU, VIZHINJAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.ANANDAKUTTAN

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RESPONDENT(S):

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--------------------------

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1. THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM.

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*** ADDL. R2 & R3 IMPLEADED**

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ADDL. R2: UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, ''SHARANYA'', HOSPITAL ROAD, COCHIN, REPRESENTED BY THE SENIOR DIVISIONAL MANAGER.

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ADDL. R3: THE FEDERAL BANK LIMITED, P.B. NO.2, 1ST FLOOR, FEDERAL TOWERS, M.G. ROAD, STATUE BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF MANAGER.

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*** ARE IMPLEADED AS ADDL. RESPONDENTS 2 AND 3 AS PER ORDER DATED 14/02/2008 IN I.A.2029/2008**

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**** ADDL. R4 IMPLEADED**

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ADDL. R4: THE SECRETARY, INSURANCE REGULATORY DEVELOPMENT AUTHORITY'S GRIEVANC CELL, PARISHRAM BHAVAN, 3RD FLOOR, BASHER BAGH, HYDERABAD-500 004.

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**ADDL. R4 IS IMPLEADED AS PER ORDER DATED 14/10/2011 IN I.A.15425/2011.

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R1 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADV. SRI.P.K.MANOJKUMAR, SMT.SUSHYA RAJAN.

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ADDL. R3 BY SRI.GEORGE VARGHESE (MANACHIRACKEL).

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20679 of 2007(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE CLOSING STOCK TAXABLE 2002. EXT.P2: COPY OF THE CLOSING STOCK TAXABLE 2003. EXT.P3: COPY OF THE LETTER DATED 09/10/2002. EXT.P4: COPY OF THE PAYMENT RECEIPTS. EXT.P5: COPY OF THE REPORT OF THE FIRE AND RESCUE STATION. EXT.P6: COPY OF THE FINAL REPORT DATED 14/10/2003.

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EXT.P7: COPY OF THE CLAIM STATEMENT.

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EXT.P8: COPY OF THE JUDGMENT DATED 27/04/2007 OF THE D.R.T., ERNAKULAM. EXT.P9: COPY OF THE NOTICE ISSUED BY D.R.T.

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EXT.P7 TO P9 IN REPLY AFFIDAVIT FILED BY THE PETITIONER DATED 16/09/2009

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EXT.P7: COPY OF THE REPORT OF M/S. N. ANANTHARAMAN & CO. DATED 29/07/2004. EXT.P8: COPY OF THE INTIMATION DATED 02/05/2003.

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EXT.P9: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 13/05/2003. EXT.P10: COPY OF THE LETTER DATED 24/11/2003.

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EXT.P11: COPY OF THE DETAILS SUBMITTED BY M/S.CROCODILE PRODUCTS PRIVATE LTD. TO THE INSURANCE SURVEYORS DATED 14/10/2003.

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EXT.P12: COPY OF THE LEDGER.

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EXT.P13: COPY OF THE COURIER RECEIPT DATED 27/10/2003. EXT.P14: COPY OF THE COURIER RECEIPT DATED 06/10/2003. EXT.P15: COPY OF THE COURIER RECEIPT DATED 06/10/2003. EXT.P16: COPY OF THE COURIER RECEIPT DATED 09/10/2003. EXT.P17: COPY OF THE COURIER RECEIPT DATED 10/10/2003. EXT.P18: COPY OF THE COURIER RECEIPT DATED 13/10/2003. EXT.P19: COPY OF THE COURIER RECEIPT DATED 13/01/2004. EXT.P20: COPY OF THE LETTER DATED 15/06/2004.

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(P.T.O.)

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WP(C).No. 20679 of 2007(J)

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EXT.P21: COPY OF THE LETTER DATED 09/10/2002.

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EXT.P22: COPY OF THE REPRESENTATION DATED 01/09/2011 SENT BY THE PETITIONER BEFORE THE I.R.D.A. GRIEVANCE CELL.

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RESPONDENT'S EXHIBITS:-

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EXT.R1(a): COPY OF THE COMMUNICATION NO.CNRO/TECH/FIRE/468/04 DATED 01/07/2004 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO. LTD., TO THE M/S.JUBILEE DRESS, CAPRI BUILDINGS, TVM-23.

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EXT.R1(b): COPY OF THE LETTER NO.TVMR/ARC/PK/TVMB2/297/04 DATED 21/10/2004 ISSUED BY THE DEPUTY GENERAL MANAGER, ASSET RECOVERY CELL, REGIONAL OFFICE, TRIVANDRUM TO THE UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 'SARANYA' HOSPITAL ROAD, KOCHI-11.

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EXT.R1(c): COPY OF THE LETTER NO.CNRO/TECH/FIRE/04 DATED 28/10/2004 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LTD. TO THE DEPUTY GENERAL MANAGER, FEDERAL BANK LTD., REGIONAL OFFICE, TVM-695 001.

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EXT.R1(d): COPY OF THE LETTER NO.CNRO/TECH/FIRE/1349/05 DATED 05/01/2005 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED TO THE DEPUTY GENERAL MANAGER, FEDERAL BANK LTD., REGIONAL OFFICE, TRIVANDRUM-1.

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EXT.R1(e): COPY OF THE LETTER NO.TVMR/ARC/SJ/TVMB2/5332/2005 DATED 19/01/2005 ISSUED BY THE DEPUTY GENERAL MANAGER, ASSET RECOVERY CELL REGIONAL OFFICE, TRIVANDRUM TO THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, 'SARANYA' HOSPITAL ROAD, COCHIN-11.

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EXT.R1(f): COPY OF THE LETTER NO.CNRO/TECH/FIRE/05 DATED 02/03/2005 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(g): COPY OF THE LETTER NO.CNRO/TECH/FIRE/516/04 DATED 14/07/2004 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(h): COPY OF THE LETTER NO.CNRO/TECH/FIRE/589/04 DATED 28/07/2004 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(i): COPY OF THE LETTER NO.CNRO/TECH.FIRE/04 DATED 04/08/2004 ISSUED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(j): COPY OF THE LETTER NO.NA/UIIC/6331/04 DATED 10/08/2004 ISSUED BY THE N. ANANTHANARAYANAN AND COMPANY TO THE UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(k): COPY OF THE REPLY DATED 29/01/2005 SUBMITTED BY THE JUBILEE DRESSES TO THE GENERAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED.

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EXT.R1(l): COPY OF THE REPORT NO.346/2003 DATED 23/09/2003 ISSUED BY THE KERALA FIRE BRIGADE.

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(P.T.O.)

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WP(C).No. 20679 of 2007(J)

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EXT.R3(a): COPY OF THE POLICY BEARING NO.100402/11/01/05032 FOR THE PERIOD 10/10/2001 TO 09/10/2002 WITH RESPECT TO STOCK WORTH 115 LAKHS IN THE SHOW ROOM.

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EXT.R3(b): COPY OF THE POLICY BEARING NO.100402/11/01/05033 FOR THE PERIOD 10/10/2001 TO 09/10/2002 WITH RESPECT TO STOCK WORTH 85 LAKHS IN THE GODOWN,

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EXT.R3(c): COPY OF THE POLICY BEARING NO.100402/11/01/00740 FOR THE PERIOD 10/10/2002 TO 09/10/2003 WITH RESPECT TO STOCK WORTH 125 LAKHS IN THE SHOW ROOM.

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EXT.R3(d): COPY OF THE ENDORSEMENT SCHEDULE POLICY NO.100402/11/02/00739 ENHANCING THE SUM INSURED TO Rs.145 LAKHS.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J.

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W.P.(C) No. 20679 of 2007 J

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Dated this the 14^th day of October, 2011

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Petitioner is a textile merchant, carrying on his business in the name and style of ' Jubilee Dresses '. There occurred a fire accident in his business place on 23.09.2003. At that time, petitioner had subscribed a fire insurance policy with the additional second respondent for a sum of 1.45 crores. According to the petitioner, following the fire accident, petitioner made a claim before respondents 1 and 2 for an amount of 1.45 crores. The claim was not settled and that led the petitioner to file this writ petition.

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It is submitted that on account of the refusal on the part of the insurance company to settle the claim, petitioner has submitted Ext.P22 complaint before the additional fourth respondent and that the additional fourth

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W.P.(C) No.20679/2007

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: 2 :

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respondent should be directed to consider the complaint and take a decision in the matter. On behalf of respondents 1 and 2, though the Standing Counsel confirms that the petitioner had subscribed a policy as claimed, according to him, it was on account of the failure on the part of the petitioner to produce the relevant documents proving the claim that the insurance company could not take a final decision in the matter.

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I heard the Standing Counsel appearing for the additional fourth respondent also.

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Irrespective of the controversy between the parties, fact remains that there occurred a fire accident and a dispute is regarding the extent of damages suffered by the petitioner. Since the claim still remains unsettled and as Ext.P22 complaint made by the petitioner before the additional fourth respondent is pending, I dispose of the writ petition, directing the additional fourth respondent to take a final decision on Ext.P22 with notice to the parties concerned. This shall be

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W.P.(C) No.20679/2007

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: 3 :

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done as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment.

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Sd/- (ANTONY DOMINIC, JUDGE)

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aks/14/10

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// True Copy //

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P.A. To Judge

A.Sharafudeen v. United India Insurance Co.Ltd.

Case brief

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What did the court decide?

A.Sharafudeen v. United India Insurance Co.Ltd.

Case brief

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