Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This is an appeal filed by the Insurance Company against the judgement and award passed by District Consumer Disputes Redressal Forum, Thane in consumer complaint No.334/2008 decided on 29/08/2009. By allowing the complaint partly, Forum below directed the Insurance Company/O.P. to pay a sum of Rs.4,25,309/- with interest thereon @ 6% p.a. from 31/03/2007 till actual realization of the whole amount. Forum below also directed the Insurance Company to pay Rs.5,000/- to the complainant for mental harassment and Rs.2,000/- towards cost. Aggrieved by this order, the Insurance Company has filed this appeal. The facts to the extent material may be stated as under :- M/s.Amit Engineers filed consumer complaint through its proprietor Mr.Ramesh Panchal. According to the complainant he deals in automobile diesel engine parts and he has to keep some material in his custody in the factory premises. He had taken "Standard Fire & Special Perils Policy" to insure the stock in trade and other material stored in the factory. Said policy was issued by the Insurance Company bearing policy No.123100/2005/483. Policy covered insurance for Rs.55 Lakhs and policy period was 24/06/2004 to 23/06/2005. It so happened that on 23/05/2005 & 24/05/2005 at about 3.45 a.m. four unknown persons allegedly entered into the factory premises, they forcefully tied two watchmen at the factory and kept them in the toilet of the said factory premises. Thereafter one vehicle was brought and in the said vehicle they had taken out some goods and material belonging to the complainant worth Rs.4,25,000/-. Immediately, thereafter FIR was lodged against those unknown persons under Section 380 & 450 of IPC. The complainant also reported this loss arising out of robbery to the Insurance Company by lodging insurance claim. Insurance Company thereupon appointed Shri T.K. Gurubaksharai & Company as surveyor. Surveyor made survey by visiting the factory premises at Murbad on 16/06/2005 & 21/01/2006. However, by letter dated 31/03/2007 the Insurance Company was pleased to repudiate the claim on the ground that the Insured had committed breach of terms and conditions of policy and they had not taken reasonable and due care to safeguard the goods stored in the factory premises. Thereafter, consumer complaint was filed by the complainant in the Forum below. On receipt of notice from the Forum below, O.P. did not put in appearance nor filed any written statement to contest the matter. Enough opportunity was given to the O.P. to contest the matter. Therefore, complaint was proceeded ex-parte and relying on the affidavits and documents placed on record, complaint was allowed as mentioned in opening para of this judgement. Aggrieved by this award passed by the Forum below on 29/08/2009, Insurance Company has filed this appeal. We heard Mr.Rohan Darandale, Advocate for the appellant/Insurance Company and Mr.M.D. Joshi, Advocate for the respondent/org. complainant. We are finding that there appears discrepancies in the statements made by the complainant, one in FIR and another in complaint and third in claim lodging petition. These discrepancies are not properly explained by the complainant/respondent herein before the Forum below. Forum below ignored these discrepancies and since this matter was decided ex-parte, Forum below allowed the complaint and directed the Insurance Company to pay Rs.4,25,309/-. However, we are finding that this matter requires reconsideration because in the Forum below Insurance Company did not contest the matter by filing written statement. We are inclined to give second inning to the Insurance Company/appellant herein to contest the matter and for this purpose, we are inclined to allow the appeal and to quash and set aside the order passed by the Forum below subject to certain cost. Hence, we pass the following order :- -: ORDER :- 1. Appeal is allowed. The impugned order is quashed and set aside subject to cost of Rs.5,000/- payable by the appellant to the respondent. 2. Complaint is remitted back to the District Consumer Disputes Redressal Forum for fresh disposal after offering reasonable opportunity to the appellant to file written statement, affidavits and documents, if any. 3. Forum below is directed to dispose of the complaint afresh within period of three months from the date of receipt of this order from this Commission. 4. Both parties are directed to appear in the Forum below on 20/09/2010. 5. On the first day of appearance, cost awarded by this Commission shall be paid to the respondent by the appellant. 6. Amount deposited by the appellant be refunded to the appellant forthwith by the Registrar of this Commission.
7. Copies of the order be furnished to the parties. | 
