The complainant Dheeraj Kumar has filed this complaint petition against Divisional Manager, United India Insurance Company Ltd. Akharaghat Road, Surksha Bhawan (o.p) for realization of Rs. 4 lacs as value of stolen article, Rs. 15,000/- for deficiency in service, Rs. 20,000/- as ltigiation cost and Rs. 25,000/- as physical and mental harassment with 12 % p.a. interest from the date of theft that is from 12-02-2014 till realization.
The, brief, facts of the case is that complainant has a cloth shop name as Singh Vastra Niketan at Amabara Chowk Lalganj Road Muzaffarpur. The aforesaid shop was insured with o.p company bearing policy NO.- 210200/48/13/34/00000007 and the same was valid from 23-08-2013 to 22-08-2014. The further case is that on 11-02-2014, he closed his shop at 8:30 PM and went to his house. On the next date that is on 12-02-2014 at about 9:AM when he reached at his shop for opening the same, he found that the locks of main get and shutter were open and many article of the shop such as Dhoti, Sari, Suiting Shirting , Popline were stolen away. The further case is that lock of the main gate of neighboring readymade shop was also broken so, the complainant in formed the owner of the readmade shop and local police. The further case is that the complainant informed the o.p about the occurrence in time. On the basis of the same, o.p appointed surveyor from his own level. The further case is that Sariya P.S. Case No.-48/2014 dated 13-02-2014 was registered for the occurrence. After investigation, I.O submitted final form showing the occurrence true but no clue. The further case is that the final form bearing No.- 187-2014 was accepted on 06-12-2014 in National Lok Adalat. The further case is that the complainant filed claim before o.p with all the relevant documents for Rs. 4 lacs but the o.p didn’t pay the amount till filing of the complaint petition.
The complainant has filed the following documents with the complaint petition- photocopy of FIR of ;Sariya P.S. Case No.-48/2014 -annexure-1-, photocopy of final form of Sariya P.S. Case No.-48/2014 annexure-2-, photocopy of order sheet dated 06-12-2017 passed in National Lok Adalat- annexure-3-, photocopy of policy schedule- not visible - annexure-4-, photocopy of statement of Dheeraj Kumar annexures-5, photocopy of estimate of Maruti Sarees annexure-6, photocopy of estimate of Singh Vastra Niketan annexure-7, photocopy of estimate dated 01-04-2016 of Chhapariya Sarees company Suta Patti Muzaffarpur annexure-8, photocopy of list of articles stolen away from the shop annexure-9k- 9Kh, photocopy of list of article which was remained in the shop after theft annexure-10-10K.
On issuance of summon o.p appeared on 05-06-2018 and filed his w.s. on the same day praying therein to dismiss the case. It has been mentioned in the w.s. that the complaint petition is barred by law of limitation. It has been admitted in para-3 of the w.s. that the shop was insured vide policy No.-210200/48/13/3400000007 which was valid from 23-08-2013 to 22-08. It has been further mentioned that at the time of theft the owner was not maintaining any stock register, sale purchase register and cash-memo. It has been further mentioned that the claim of theft is manufacturedand faithless. It has been further mentioned that no surveyor report is attached with complaint.
The complainant has examined himself as Aw-1 on affidavit. On behalf of complainant following documents have been exhibited- Exhibit-1 C.C. of order dated 06-12-2017 passed in Lok adalat C.C. of FIR of Sariya P.S. Case No.-48/2014 exhibit-2 C.C. of final form of Sariya P.S. Case No.-48/2014 Exhibit-3.
No evidence has been adduced on behalf of o.p.
The main question for determination is as to whether there is any deficiency in service on part of the o.p. or not?
It is an admitted fact that the shop was insured with o.p company vide policy No.-21020048/13/34/00000007 which was valid from 23-08-2013 to 22-08-2014. The complainant has examined himself on affidavit and he has supported the factum of complaint petition. On behalf of complainant C.C. of order dated 06-12-2014 passed in Lok adalat in Sariya P.S. Case No.-48/2014, C.C. of FIR and final form of the above case have been marked as exhibite-1,2,3 which is support of oral statement of complainant and as such the occurrence of theft proved. No documents on behalf of o.p has been filed to rebut the above evidence. As regard, the value of theft article , the complainant has deposed on affidavit that he has produced documents relating, to purchase of clothes from different shops and he has also produced list of theft of stolen article in 3 page as annexure 9K, 9 Kh. He has further deposed that he has also produced annexure-10 and 10K of the article which was remained in the shop. On perusal of annexure-6, it transpires that the complainant used to purchase saree of approx Rs. 4,50,000/- from Maruti Saree per month he has also produced annexure-7 to show that he used to purchase suiting shirtings of Rs. 450000/- per month from Poddar synthetic and he has also produced annexuxre-8 to show that he have purchased closed as such Dhoti and popline, rubia from Chhapariya Trading, Sutapatti Muzaffarpur for Rs. 32,000/- within 30 to 40 days. He has also produced annexure 9K- 9Kh – list of stolen article from the shop and the value of the same was about Rs.413,563/- He has also produced annexure 10 and 10K to show the list of articles which was remained in his shop after theft. No evidence has been adduced on behalf of o.p to controvert the above facts. Shop was insured for about Rs. 4 lacs and occurrence took place between the policy period. In the circumstances the o.p is liable to say the insurance amount but he didn’t pay the same. O.P has not produced the surveyor report to assess the loss. On the basis of above discussion we are of the opinion that there is deficiency on the part of o.p and o.p is laible to pay the loss damage.
Accordingly, the claim petition is allowed and o.p is directed to pay Rs. 4 lacs /- as sum assured with 7 % p.a. interest from the date of filing of complaint Rs. 20,000/- for compensation of mental agony and physical harassment and Rs. 10000/-as litigation cost to the complainant within 2 months from the date of order, on failure he shall be liable to pay aforesaid amount with 9 % interest p.a. till realization. Let a copy of this order be furnished to both the parties as per rule.
