The complainant Arvind Kumar   has filed this complaint petition against Divisional Manager, National Insurance Company Ltd.  and one another (o.ps) for realization of              Rs. 3  lacs /- as value of theft property, Rs. 50,000/-  as deficiency in service, Rs. 25,000 for compensation of mental and physical harassment , Rs.20,000/- as litigation cost  total Rs. 3,95,000/-  with 12 %   p.a. interest from the date of theft i.e     12-02-2014.

The, brief, facts of the case is that complainant has readymade cloth shop at Ambara Chowk, Lalganj Road, Muzaffarpur which was  insured to o.p. no.2 with policy NO.-170604/48/13/9800001238 and its validity was since 01-01-2014 to 31-12-2014. The further case is that on 11-02-2014 at about 8:30PM, during period of insurance, the complainant  shut his shop and went away to his house. In the next morning,  he came to know from the neighbour shop keeper that theft was committed in his shop. He visited the shop and found that the lock of the shop was broken and all the articles in the shop were stolen away. The value of theft property was Rs. 3 lacs. The information of theft was given in Saraiya P.S. which was registered as Saraiya Case No. 48/2014 dated 13-02-2014. The further case is that the complainant informed about the occurrence to the o.ps in time.  On the basis of the same, Surveyor was appointed by the o.p. The surveyor submitted his enquiry report in the office of o.ps. The further case is that after investigation police submitted final form No.-187/14 dated 31-08-2014 and the same was accepted on 06-12-2014 in the National lok Adalat. The further case is that the complainant submitted his documents in the office of o.ps, but they   did not pay the claim amount till filing of the complaint petition. Lastly, the complainant filed this complaint petition.

          The complainant has filed the following documents with the complaint petition - photocopy of   FIR of Saraiya P.S. Case No.48-2014 - annexure-1-, photocopy of  Final form 187/2014 annexure-2-, photocopy  of order sheet  annexure-3-, photocopy of    Insurance paper - annexure-4.

           On issuance of notices, o.ps didn’t appear before the forum, so after being satisfied with the service of notices, forum proceeded Ex. Party against the o.ps vide order dated 19-12-2018.

          Complainant  Arvind Kumar has examined himself on affidavit in which he has fully supported the versions stated in the complaint petition. Certified copy of order sheet dated 06-12-2017 passed by National Lok Adalt has been marked  as exhibit-1, certified copy of  Saraiya P.S.Case No.-48/2014 as exhibit  -2 and certified copy of  final form no- 187/14 as exhibit -3.

          On perusal of insurance policy annexure-4 it transpires that the shop of complainant was insured with national insurance company (o.p no.-2) for sum of Rs. 4 lacs and the period of policy was  since 01-01-2014 to midnight of 31-12-2014. On perusal of exhibit-2, C.C of Saraiya P.S. Case 48/2014, it transpires that one  Dheeraj Kumar Singh had informed about the occurrence of theft to the police. The occurrence took place in the night on 11-02-2014. He has also informed about occurrence of theft of Arvind Kumar (complainant). On perusal of Certified  copy  of final form no.- 187/14 (exhibit-3), it transpires that after investigation police submitted final form finding the case true  but no clue. The final form was accepted vide order dated               06-12-2017 (exhibit-1) in the National Lok adalat. Above documents support the oral statement of complainant     (AW-1) The complainant has stated in Para-3 of  his affidavit that he had informed about the occurrence to the o.ps with all the documents. There is nothing on the record to controvert/contradict above oral  and documentary evidence.

In the circumstances we are of the opinion that there is deficiency on the part of o.ps and the complainant is entitled to get compensation from the o.ps.

Accordingly, complaint petition is allowed Ex. Party and the o.ps are directed to pay Rs. 3 lacks/   for the cost of theft property   to the complainant with 7 %  p.a. interest   from the date of filing  of  complaint petition, Rs. 20,000/- as mental and physical harassment and Rs. 10,000/- as litigation cost within one month  from the receipt of the copy of the order, on failure they shall be responsible for payment of aforesaid amount with 9 % interest p.a. till realization. Let a copy of this order be furnished to both the parties free of cost.