Jharkhand

Dumka

CC/18/2013

Nalin Bilochan Jha - Complainant(s)

Versus

Branch Manager, The Oriental Insurance Co. Ltd. - Opp.Party(s)

29 Jun 2018

ORDER

District Consumer Forum Dumka
Final Order
 
Complaint Case No. CC/18/2013
( Date of Filing : 16 Apr 2013 )
 
1. Nalin Bilochan Jha
Rasikpur, Post - Dumka, P.S - Dumka Town, Dist - Dumka, Pin - 814101, Jharkhand.
...........Complainant(s)
Versus
1. Branch Manager, The Oriental Insurance Co. Ltd.
Shyam Plaza, Sindhia Chowk, Dumka, 814101, Jharkhand.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE RAM NARESH MISHRA PRESIDENT
 HON'BLE MRS. BABITA KUMARI AGARWAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 29 Jun 2018
Final Order / Judgement

   The instant complaint case has been filed by the complainant Nalin Bilochan Jha, Proprietor M/s Aayan ,Thana Road, Dumka against the opposite parties namely  (I) Branch manager, the Oriental Insurance Co. Ltd. Dumka. (II) Senior divisional manager, the Oriental Insurance Co. Ltd. Bhagalpur (iii) Sri Ajay Kumar Ojha, Surveyor, C/o P.N. Singh House No- 32, Road No - 3 , East Patel Nagar, Patna and (IV) Branch manager, the Oriental Bank of Commerce, Shyam Plaza, Sindhia Chowk, Dumka U/S-12 of the  Consumer Protection Act,1986 for illegally, arbitrarily and dishonestly not settling the claim for more than four years  and thereby causing  heavy loss approximately Rs.8,00,000/-(Eight lac) to the complainant’s business and this    act of O.P’s insurance company  amounted to negligency, deficiency in service as well as unfair trade practice. The complainant has prayed to direct  the O.P’s to pay a sum of Rs.4,58,050/- (Four lac fifty eight thousand fifty) towards the principal amount of the stolen Laptops, further direct  to pay Rs.3,00,000/- (Three lac) towards compensation amount occasioned   due to harassment agony, loss and damages caused to him and further also direct to pay Rs. 25,000/- towards cost of litigation and thus in total claimed Rs.7,83,050/- (Seven lac eighty three thousand and  fifty ).The complainant has further prayed  to direct O.P’s  to pay interest  @18% on the awarded amount from the date incident of  theft of laptops  i.e 02.09.2012 till its payment.

                        2. The brief facts of the case as revealed from a complainant petition,documents annexed therein as well as written  notes of argument are as follows :-

                        That the complainant is the proprietor/ owner of a shop named and   styled  as M/s Aayan, Thana Road, Dumka and used to deal in Laptop’s. The said business  of the complainant was financed by Oriental Bank of Commerce,  Dumka branch and insured by the Oriental Insurance Company Ltd; Dumka branch covering risk arising out of burglary for sum assured of Rs.5,00,000/-,Shop keeper’s insurance policy for sum assured of Rs.8,00,000/-and standared fire and special peril for sum assured of Rs.5,00,000/-in toral of Rs.18,00,000/- in respect of his firm m/s Aayan, Thana Road,Dumka. The complainant has taken its capital from the aforesaid bank by taking loan of Rs.10,00,000/- ( Ten lac) and the said bank directed complainant to take insurance under the Oriental Insurance Company, Ltd. The complainant used to deposit insurance  installments regularly through his financer bank  without any dealy.

                        The further case of the complainant is that in the night of 01/02-09-2012 an incident of burglary took place in the said shop in which 19 (Nineteen) new  Laptop’s and 03 (Three) old Laptop where stolen by cutting shutter of the shop. The information about the said incident of theft was given to Dumka P.S. which was registered as Dumka (Town) P.S. case no-129/2012, dated 02.09.2012 under sec-395 I.P.C. The details of the stolen Laptops are mentioned in para-7(i) to7 (iii) of the complaint petition. The police during investigation found the occurrence of theft of Laptop’s as true and correct but no clue was found hence submitted final from in the court of C.J.M. Dumka, which was accepted by the court in lok Adalat.

              The further case of the complainant is that the information about the incident of  theft  was reported  to  Oriental Insurance Comp. ltd. as well as to the financer  Oriental Bank of commerce and prayed to settle the claim at the earliest. The O. P. Insurance Company deputed a surveyor before whom the     complainant produced all the relevant papers including purchase vouchers of the stolen Laptop’s. The complainant submitted duly filled claim form to the insurance company  but despite passing away of four year’s O.P’s insurance company  neither settled the Insurance amount nor arranged to pay the same. Thereafter, complainant requested O.P’s by sending a legal notices on 30.01.2013 but O.P’s did not reply and thereby committed negligency and deficiency in service and also committed unfair trade practices. The complainant was put to heavy loss and also sustained mental agony etc. by the act the O. P’s. The complainant having found no alternative filed this case for redressal of his grievance before this Forum on 16.04.2013.

                        3. Having received notices O.P.No.1 and 2 i.e Oriental Insurance Comp. ltd. appeared and filed show-cause on 12.11.2013, whereas O.P.No-4 i.e Oriental Bank of commerce, dumka branch  appeared and filed show-cause   on 17.09.2014.However O.P. No-3 i.e. Surveyor Ajay Kumar Ojha  did not appear despite service of  notice  hence case proceeded exparte   against him.

                        4. The O.P No.1 and 2 i.e. the Oriental Insurance Comp.ltd. in their joint written statement dated-12.11.2013 and  written  notes of argument dated 22.06.2018 have admitted  that the complainant has been carring business in Laptop’s in  the name and style as M/s Aayan  at  Thana Road,  Dumka  and the said shop was hypothecated with Oriental Bank of Commerce Bank, Dumka branch and was  insured with the answering O.P’s i.e Oriental Insurance Company, Dumka branch vide policy No.332401/48/2012/1290/SKI valid from dated 18.03.2012 to 17.03.2013and  stocks of the shop covered and insured for Rs.8,00,000/-(Eight lac) only  in respect of all types of electronic goods i.e.T.V, Computer etc. It is further admitted that in the said shop occurrence of theft took   place in the night of 1/2-09-2012 at 12. Night and the  complainant lodged F.I.R. vide no-129/12 dated 02.09.2012 u/s-379 I.P.C in the Town P.S., Dumka. It has further been admitted that on receiving telephonic information about the occurrence of theft dated 02.09.2012 as well as letter dated 03.09.2012 of the complainant this answering Insurance Company deputed Shri A.K. Jana a surveyor to conduct the preliminary survey who visited the complainants shop for survey on 02.09.2013 and submitted preliminary report dated 21.09.2012 stating that the alleged occurrence was suspicious in nature hence cannot be believed. The further case of this answering O.P’s is  that vide letter dated 03.09.2012  claim form was sent    to the complainant requesting to submit the same after duly filled up   along with required papers but neither any reply nor any documents submitted by the complainant and subsequently despite reminder dated 11.09.2012 and 24.09.2012 the complainant did not reply and also failed to submit required documents of the claim. The further case of this  answering  O.P’s is that on 14.09.2012 Shri Ajay Kumar Ojha, surveyor of Patna was also  deputed to conduct   final survey as well as for  assessment of loss, who visited the complainant shop on 15.09.2012 and conducted final survey  but again the complainant did not submit the required documents before him despite his  letters dated 29.10.2012, 20.11.2012, 17.01.2013 and 20.02.2013 regarding submission of documents and due to this non co-operative  attitude of the complainant final survey could not be completed .It is alleged that due to non co-operative attitude of the complainant towards preliminary and final surveyors and   as the police  investigation could not concluded  the claim of the complainant remain under serious doubt and hence the  matter  still lying  pending. It is claimed that there is no negligency or deficiency in service on the part of this answering O.P’s and as the claim of the complainant is premature on hence not tenable in law. It is further claimed that the complainant has given imaginary amount of claim which is not consistent with the terms and condition of the insurance policy and hence denied by this O.P’s .It is also claimed that the statements made in Para 9 and 10 of the complaint petition are wholly wrong and hence denied accordingly claimed that the complainant is not entitled to any relief and this complaint is fit to be dismissed .

                        5. The case of the O.P.no-4 the Branch Manager, Oriental Bank of commerce, Dumka is that the present complaint is not maintainable against the answering O.P and the complainant has no cause of action against this O.P. besides there is  no negligency and deficiency in services  nor any  unfair trade  practices on the part of this O.P. It is admitted  that this O.P had financed Rs.10,00,000/- (Ten lac) to the complainant for carrying business of computer, Laptops etc. and the complainant said shop was insured with the Oriental Insurance Company, Ltd, Dumka branch and this answering O.P. has been paying regularly insurance premium. The said  Insurance company issued three types of insurance  policy (i)  sum-assured of  Rs.5,00,000/- (Five lac) towards burglary,(ii) Rs.8,00,000/- (Eight lac) towards the shopkeeper insurance  and (iii) Rs.5,00,000/- (Five lac) towards standard fire and special perils. It is  further admitted that  in the night of 1/2.09.2012 occurrence of  theft took   place in the complainants  shop in which all the articles lying in said  the shop were stolenway and for that Dumka (town) P.S. case No-129/2012 was lodged.  The complainant then informed to the Insurance Company upon which the Insurance Company deputed surveyor, who investigated the matter and the complainant on demand furnished   all the documents to the insurance  company but the O.P’s insurance  company did not release  the insurance amount. However this answering O.P has denied all the allegation mentioned in the complaint petition.. It has claimed that as there in no deficiency in service on the part of this O.P. hence this case be dismissed against the same.

                        6. The respective parties have adduced oral as well as documentary evidence in support their case.

                        The complainant in support of his case have examined himself as  C.W-1 Nalin Bilochan Jha and has also has adduced following documentary  evidence;-

              Ext.1- Photocopy of Insurance certificate policy;

              Ext.2- Photocopy of Loan agreement;

               Ext.3- Photocopy of Bank balance sheet on 31 march 2011;

              Ext.4- Photocopy of premium receipt;

              Ext.5- Photocopy of F.I.R;

              Ext.6- Photocopy of claim application;

              Ext.7(i)-Photocopy of complainant letter dated 03.10.2012 to the

                                   Oriental Insurance company,ltd, Dumka;           

Ext.7(ii) Computerized letter of   Oriental Insurance  Comp. Ltd. to the M/s Aayan, Thana Road, Dumka complainant dated 03.09.2012;

Ext.7(iii)   Computerized  letter of  Oriental Insurance  Comp. Ltd to the M/s Aayan ,Thana Road,Dumka   dated 11.09.2012;

Ext.7(iv)Computerized letter of Ajay Kumar Ojha ,surveyor  to the  M/s Aayan, Thana Road, Dumka, dated 17.01.2013;

Ext.7(v) Computerized letter of  Oriental Insurance Comp Ltd. to the  M/s Aayan, Thana Road, Dumka,  dated 18.01.2013;

Ext.7(vi) Computerized letter of Ajay Kumar Ojha, Surveyor to the M/s Aayan,  Thana Road, Dumka,  dated 17.01.2013;

Ext.7(vii) Photocopy of hand written  letter of A.K.Ojha surveyor to the M/s Aayan, Thana Road, Dumka.                                                                              

                    Ext.8 (i) Photocopy  of legal  notice of the complainants Lawyer  

                   addressed  to Branch manager, the oriental bank of 

                   commerce, Dumka  dated 20.02.2013;

Ext.8(ii) Photocopy of legal notice from the complainant Lawyer addressed to the Ajay Kumar Ojha, surveyor dated 20.02.2013;

Ext.8(iii)Photocopy of legal notice of the complainants Lawyer addressed to the  Senior Divisional Manager, the Oriental Insurance Co. Ltd. Bhagalpur;

Ext.8(iv) Photocopy of legal notice of the complainants Lawyer addressed  to the Branch manager ,the Oriental Insurance Comp. Ltd, Dumka dated 20.02.2013.

Ext.8(v) Photocopy of legal notice of the complainants Lawyer  to Ajay Kumar Ojha, Surveyor, Patna dated 31.01.2013;

Ext.8(vi) Photocopy of legal notice of the complainants Lawyer addressed  to the Senior  Reginal Manager, the Oriental; Insurance Comp. Ltd,Bhagalpur dated 30.01.2013;

  Ext.8(vii) Photocopy of legal notice of the complainants Lawyer  to the Branch manager, the Oriental                Insurance Comp .Ltd, Dumka, dated 30.01.2013;  

Ext.8(viii) Photocopy of legal notice of the complainants Lawyer addressed   to the Branch Manager,The Oriental Bank of commerce ,Dumka dated 30.01.2013;

Ext.9-    Photocopy of protest petition against the  survey report dated 29.02.2016;

Ext.9 (i) Photocopy of origin-infotel invoice  dated 26.09.2012;

Ext.9(ii) to 9(viii) Photocopy of Origin-Infotel invoice dated 23.07.2012,26.07.2012,23.07.2012,21.08.2012, 10.08.2012, 07.06.2012 and 10.07.2012.

Ext.10 (i) to (vi) Photocopies  of F.I.R, written report, entire order sheet of  G.R.No-1062/2012.

      Ext.11- Photocopy of Bank stock statement dated 17.11.2013 from    05.03.2012 to 11.03.2013.

                                                              On the other hand O.P.No-1 and 2 have adduced only   documentary evidence, which have                                                 been marked exhibits as follows:-

Ext.A-   Copy of Survey report of A.K.Ojha ,Surveyor dated 11.07.2015;

Ext.A/1  Copy of final  survey report of A. K. Ojha ,dated 23.05.2017;

   Ext.B- Copy of preliminary survey  report dated 21.09.2012 of Shri  A.K.Jana,surveyor and loss assesser;

Ext.C-  Copy of letter dated 03.09.2012 of Branch Manager,the Oriental Insurance Comp.Ltd, Dumka to the               M/s Ayan,Thana Road  Dumka;

Ext.D-Copy of letter dated 11.09.2012 of Branch Manager , The Oriental Insurance Comp. Ltd Dumka to                    M/s Aayan, Dumka;

Ext.E- Copy of letter dated 24.09.2012 of Branch manager,the Oriental Insurance Comp. Ltd, Dumka to M/s              Aayan, Dumka;

Ext.F-    Copy of letter dated 29.10.2012 of Shri A.K.Ojha   , surveyor and loss assesser, Patna to the  M/s                     Aayan, Dumka;

    Ext.G-  Copy of  letter  dated 17.01.2013 of Shri A.K. Ojha, surveyor     loss assessor ,Patna to the M/s                                     Aayan, Dumka;

                                   Ext.H- Copy of  Shopkeepers Insurance policy

                                        On the other hand no any oral or documentary evidence has been lead on behalf of O.P.No-0 i.e the olriental                                           Bank of Commerce, Dumka branch .

                                      7. We have examined the entire material on the record and given a thoughtful consideration to the argument                                                       advanced before us.

         8. The only point for discussion is whether the complainant is entitled to the reliefs claimed for?

                                                                                            F I N D I N G S             

                              9.   The admitted position of the case is that the compalainant has been carrying business in the name as style as M/s Aayan at Thana Road , Dumka and the shop was  hypothecated   with the Oriental  Bank of Commerce. Dumka branch  (O.P No-4) and it was  insured with  the Oriental Insurance Company,  Dumka branch (O.P.No-1) covering risk arising out of burglary etc.  .It is also an admitted fact that in the night of 1/2-09-2012 occurrence of theft took place in the said shop of the complainant. Initially the complainant did not give details regarding theft of laptops in the complaint petition rather it has enclosed copy of F.I.R. in which it was alleged that in total 19 new laptop’s and 03 old laptop’s were stolen way but as the details of 02 new laptop’s were not available at time of lodging of F.I.R. hence only details of 17 new laptop’s were mentioned. It is also an admitted fact that later vide amendment dated 09.01.2018 complainant incorporated the description of remaining two new laptops giving serial no and purchase invoice no and   discrepancies were corrected.

                        On the other hand the contesting O.P’s i.e the Oriental Insurance Company Ltd has asserted that the complainant while lodging F.I.R suppressed  the material facts including invoice etc. hence, correct  correct assessment  of the claim could not be made and later  in view of the court’s  order dated 26.01.2017 surveyor A.K. Ojha, Patna on the basis of Photocopies of 18 laptops and  tax invoices  submitted his report dated 23.05.2017 which has been marked as Ext-A/1  and  the previous survey report of the said surveyor   has been marked as Ext. A. It has  further been asserted  that surveyor A.K. Ojha  on examination  and verification in his final report (Ext.A/1) found that invoice of only 12 laptop’s could  tally  in place of 17 laptop’s and lastly on the basis of details of laptops provided  the surveyor in his report ( Ext-A/1)found loss of only Rs.1,85,913/- Further .the said surveyor also found that the insured had fraudulently misrepresented serial nos of alleged burgled laptops  hence  insurer may repudiate the claim in accordance with  General condition  08 shopkeepers insurance policy.  Therefore  the basis of the surveyor’s  report (ExtA/1)  and  as the complainant did not submit required documents to the surveyor rather  acted fraudulently by misrepresenting related serial no of the alleged burgled laptops hence, his claim was rightly been rejected by the answering O.P. insurance Company.

                        10. Now we will examine the assertions of the parties in view of the documents available of the record. We have carefully examined i.e  Ext.10 ,  F.I.R.  and from its  perusal  appears  that the complainant alleged  in his written report about theft of 19 new laptops and 03 old laptops whereas  the details of model no and serial no of only 17 laptop’s are mentioned in it ( written report) and it has been also alleged that serial no of 02 new laptops  are  not available at  this  time  hence the same  not mentioned. However, admittedly later the details of remaining 02 laptops were furnished to the surveyor and insurance company accordingly the same were brought on the complaint petition vide amendment dated 09.01.2018. It is evident from Para-7(i) of the amended complaint   petition that the details of 02 new laptops are Lenovo-G-570 bearing serial no. CB 15131595 and CB 15902650 which also  found  place in  purchase invoice no-01735 dated 26 July 2012 (Ext 9(i))  along with other burgled  laptops. Further from Para-7(ii) of the amended complaint petition it appears that there was some omission in the description of laptops of Levono.Z-580 at serial no-2 of the F.I.R.   The  serial no CB 15902572  appears to be the number of Lenovo-G-570 and instead letter C, the letter Q was written in the F.I.R. due to mistake however,  and the same is mentioned in purchase invoice  no 01690 dated 23 July2012 vide (Ext-9(ii)) and as such the mistake have been properly explained.  It further appears that in serial no of laptops under model Levono-G-570 number of laptops has reached to 14 by adding description of two new laptop CB15131595 and (ii) CB15902650 as model Levono.G-570  which were not mentioned in the  F.I.R. and 01 laptop having serial no CB15902572 which was inadvertently mentioned under model no Levono-Z-580  due to  omission of the letter ‘Q’ in place of letter ‘C’. Thus, the details of the 14 new laptops under model .Levono-G-570 has been properly explained by the complainant on the basis of document. Further  more from perusal of Para-7(iii) of the amended  complaint petition it appears that under the model DELL  INSPIRON 15 R serial no- JWDSWTI  at serial no-2 some mistakes had occurred in the F.I.R. as the correct  serial no  is JWD3MTI.Which tallies     with the purchase  bill no 00948 dated 7.06.2012 ( vide Ext.9(vii). However, bill in respect of laptop mentioned at serial no.3 of DELL INSPIRON 15 R i.e.5M53 TV4 could not be produced by the complainant hence from the aforesaid documents  figure of burgled laptops   comes to 18 only  out  of which Lenovo G 570 are proved to be 14 innumber,  Levono Z-580 is   01 in number , DELl  INSPIRON 15 R    is  02 in number  and DELl INSPIRON- 14R is  01 in number . It is also evident from Ext-9(i) that serial no of 14 pieces of laptop’s  of  Levono.G-570 has been tallied against the invoice No.01735 dated 06 July 2012 and   invoice no-1690   dated 23 July 2012Ext 9(ii) . Further serial no of laptop of n Lenovo-Z-580 1piece is mentioned in bill no 02124 dated 21.08.2012  Ext-9(v) and similarly serial no of laptop of  DELL  INSPIRON 15R-2 pieces. are mentioned in bill no 0961 and 00984 dated 07.06.2012 (vide Ext-9-(vi)) and 9(vii), further also  laptops  at  serial no-4 in the  DELL INSPIRON  14  R –one piece is mentioned in the bill   no. 01476 dated 10.07.2012 (vide Ext.9-(viii)).

                     10.    It further appears from perusal  of survey report of surveyor (Ext.A/1) that the surveyor has assessed the value of laptops of leveno-G-570@ rate   Rs.23,025/-.Levono.Z-580 @ Rs.36,700/-,DELL INSPIRON -15R @ of Rs38,000/- ,DELL  INSPIRON 14 R @ Of  Rs.23,000/- and   accordingly  assessed the total value of  burgled  laptops numbering 18 at   Rs.4,58,050/- but curiously enough  in his report illegally mentioned that 05 pieces  of  laptops of  Levono ,G-570 mentioned at Serial no-10,02,04,05,03 in the F.I.R. were  not burgled, despite  the fact that the same are mentioned in the invoice no 01735 dated 26 July 2012 Original Infotel (vide Ext-9(i)) .Besides, it is evident from this invoice that 10 laptops were purchased through this documents but arbitrarily and illegally the surveyor has not taken account of these laptops.

                     It  further appears from the surveyor’s  report (Ext.A/1) that  the surveyor  calculated assessment of loss in an  unethical manner as firstly he  calculated loss in total of Rs.3,50,975/-thereafter calculated loss in total of Rs.3,04,925/- and latter calculated total  loss of Rs.1,85,913/- on pure imaginary manner. Further also the surveyor most surprisingly at page no 4 of his report mentioned that the stock of the M/s Aayan as per stock statement provided by financing Bank on 31.08.2012 was  Rs.18.75 lac. but  again  arbitrarily and in   imaginary way without any ground mentioned closing stock Rs.21,32,198.31 and it was purely his invented  figure  in order to minimise the  amount of loss and damages actually caused to the complainant. This shows that the act of the  O.P’s. insurance / company through its surveyor from the very beginning of lodging of claim remain doubtfull and injurious to the interest of the complainant, which apparently caused   doubt on the surveyors  report. It further appears that initially the surveyor in his first survey report (ExtA)    completely denied the occurrence of burglary  but latter on submission of final form by  the police after  investigation  admitted about the burglary, however at one place assessed loss of Rs.3,50,975/- , other place assessed  loss of Rs.3,04,925 and third place  assessed loss of  Rs 1,85,913/- and lastly recommended for repudiation of claim which proved  the malafide, arbitrary,    ,dishonest intension of the surveyor and as such the surveyors reports Ext.A and Ext.A/1 are  doubtful  and not acceptable. C.W.1 Nalin Bilochan Jha in his affidavited  statement vide Para-3 to 18 has clearly supported his case.He has stated that the details of 18 stolen laptops have been proved on the basis of invoices and bill related to laptop of DELL INSPIRON 15 R mentioned at serial No.3 could not be traced. Further in Para18 to 22 ofn his statement proved that surveyor’s report is incorrect, imaginary and motivated. Therefore ,he is entitled to reliefs claim.

               11. The learned counsel for the complainant has argued that  surveyor on pure  imagination mentioned in his report the  closing       stock at Rs.21,32,198.31 though in his report he clearly  mentioned   stock of complainant   on 31.08.2012 at Rs..18,75,000/- from the       Bank statement (Ext-11).   The surveyor in his report (ExtA/1)  suggested the formula of calculation at average basis                                   as                                            

loss × sum assured

                 stock 

  and on the  basis of said formula the loss assessed  on the average basis would come as follows

                  458050 × 13,00,000   = 03,17,581/-

                             18,75,000                

                  Thus the loss on the average basis would comes to Rs.03,17,581=00.The contention of learned counsel for the contesting O.Ps that the complainant had fraudulently misrepresented by giving in correct details of alleged burgled laptops,hence under Shopkeeper’s General Insurance Condition no.o8 all the benefits would be forfeited is absolutely illegal and unjustified. Thus complainant is entitled to get Rs.03,17,581=00 on account of loss the  average  basis formula.    

                12.  Now, we would look in to the matter of loss and damages sustained  by the complainant due to negligency and deficiency in services of the O.P’s insurance company towards paying interest to the financer, rent  of business premises,electric charges,salary  to the staff  and the insurance company has kept the price of burgled laptop with it for four years by not settling claim causing heavy loss to the complainant .It  appears  from the evidence of  C.W.-01 Nalim Bilochan Jha that from  para-8 and 9 of his   statement clearly stated  that due to not settling claim by the insurance comp. he sustained heavy loss , besides  suffered damages in paying interest to the financer at the rate of interest @ 11% besides he sustained loss in paying salary to the staff @12,000/-per month, electrick bill @1,000/- per month from the date of occurrence. This shows that the complainant has vividly proved loss and damages caused to him due to the act of opposite party by not settling the claim for four years. This witness has not been crfoss examined hence,his uncontroverted evidence is taken to be proved.  

                 13. Having regards to the facts and circumstances of the case and also going through the oral and documentary evidence brought on the record including F.I.R. (Ext-5),Protest petition dated 29.02.2016 (Ext.9) bill of invoice of purchase of burgled laptops (Ext-9 series),insurance policy (Ext-1),claim application(Ext-6),legal notices(Ext-8series) it clearly proves that despite the complainant furnished all the required documents to the surveyor of  O.P’s Oriental Insurance Company, Ltd. his claim was illegally and arbitrarily neither  settled nor any payment  was made, Thus the O.P’s Insurance Company have acted arbitrarily callously,  in despotic and capricious manner resulting deficiency in service. We are thus, of opinion that complainant had suffered, harassment ,mental tension, agony, loss and damages due to the act of the O.P’s Insurance company hence entitled to get Rs.03,17,581/- (Three lac seventeen thousand five hundred eighty one) towards the insured stolen 18 laptops ,Rs.1,00,000/- (One lac)towards compensation due to loss damages, harassment etc and Rs.10,000/- (Ten thousand) towards cost of litigation ,Besides entitled to get  interest @12% on the awarded amount .However O.P no 3 and 4 are not liable. For any negligency and deficiency in service.

                       It is therefore,

                                                                                       O  R D E R E D

             That the complainant case be and the same is allowed on contest with cost against O.P.No 1 and 2 i.e the Oriental Insurance Company Ltd. O.P.n0. 1 and 2 are thus  directed to make payment of principal amount of stolen Laptops Rs. 03,17,581/-( Three lac seventeen thousand five hundred eighty one ) along with @12% interest p.a. from the date of occurrence of theft i.e. dated 02.09.2012 till its payment. The O.P’s are further directed to pay compensation of Rs.1,00,000/-( One lac) and Rs.10,000/- (Ten thousand) by way cost of litigation to the complainant.

                 The order must be complied within one month from the date of receiving copy of this order failing which necessary legal action as contemplated u/s 25 and 27 of the Consumer Protection Act,1986 would be initiated to the O.P’s Oriental Insurance Company, Ltd.

                  The office clerk is directed to furnish copy of this order to the parties or their advocate free of cost.

                     This case, is thus stands decided, accordingly.   

 
 
[HON'BLE MR. JUSTICE RAM NARESH MISHRA]
PRESIDENT
 
[HON'BLE MRS. BABITA KUMARI AGARWAL]
MEMBER

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