Haryana

Karnal

200/2013

Arora Trading Comapny - Complainant(s)

Versus

National Insurance Company - Opp.Party(s)

S.K. Rana

16 Oct 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM KARNAL.

 

                                                          Complaint No.200 of 2013

                                                          Date of instt.26.04.2013

                                                          Date of decision:6.04.2015

 

M/s  Arora Trading Co. 25 Meerut Road, Opposite Udaseen Sadhu  Ashram, Maharana Partap Chowk, Karnal through its Proprietor Raj Kumar son of Ramesh Kumar Arora r/o 978, New Housing Board Colony, Karnal.

                                                                  ……..Complainant.

                                  Vs.

National Insurance Co.Ltd. Branch office  Dhanwant Bhavan, near Bus Stand, GT Road, Karnal through its Branch Manager.

 

                                                                        …..Opposite Party.

 

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

 

Before          Sh.Subhash Goyal……..President.

                     Smt.Shashi Sharma……Member.

 

Argued by :-  Sh. S.K.Rana Advocate for the complainant.

                      Sh.Sanjeev Vohra Advocate for the Ops.

ORDER

                           The complainant has filed the present complaint u/s 12 of the Consumer Protection Act on the allegations that   the complainant purchased a policy No. 420501/46/11/7500000111 from the OP for the period from 9.12.2011 to 8.12.2012.The godowns of the complainant  are adjoining to the  shop of the complainant. It has been further alleged that on 21-22/10/2012 theft took place in the godown of the complainant regarding which FIR No.1236 dated 22.10.2012 was lodged. The complainant informed the OP regarding the theft and also lodged the claim with the OP by furnishing all the relevant documents but the claim of the complainant has been repudiated vide letter dated 20.3.3013 which amounts to deficiency in services on the part of the OP. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and has prayed that the OP be directed to pay the claim alongwith compensation for the harassment caused to him and the litigation expenses. He has also tendered his affidavit in support of the averments made in the complaint.

 

2.                 On notice the OP appeared and filed written statement raising the preliminary objections that the complaint was not maintainable; that the complainant was estopped by his own act and conduct from filing thepresent complaint; that the complainant has not come to the court with clean hands and that this Forum has got no jurisdiction to entertain and to try thepresent complaint.

 

                   On merits, it was contended that   the  policy doesnot cover the risk of the premises where the loss occurred and the answering OP has rightly repudiated the claim of the complainant. It was thus contended that there was no deficiency in services on the part of the OP and dismissal of the complaint has been sought.

 

3.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

4.                Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that  the complainant has filed the present complaint against the Ops alleging deficiency in services on the ground that the complainant purchased policy Ex.C2 and Ex.C4 and during the subsistence of the policy, theft took place in the premises of the complainant and FIR Ex.C5 was recorded but the claim has been repudiated by the OP vide letter Ex.C7. The complainant has also attached the documents Ex.C9 to Ex.C11 showing extent of loss.

 

5.                However, as per the contention of the OP the claim has rightly been repudiated because the premises where the theft had taken place was not insured.

 

6.                However, after going through the evidence and circumstances of the case, it is evident that premises where the theft had taken place was duly insured with the OP as shown in Ex.C2 and Ex.C3. In the Ex.C3 it has been specifically mentioned that stock lying in the godown attached with the shop are also covered w.e.f. 19.12.2011.  However, the theft has taken place on 19.10.2012 i.e. during the subsistence of the policy and as  such we hold that the occurrence was very much covered under the policy The complainant has claimed that he has suffered the loss to the tune of Rs.1,50,000/- whereas the Surveyor Sh.Deepankur Soni  vide report Ex.C2 has assessed the loss to the tune of Rs.86414/-.  There is nothing on the file in order to disbelieve the report of surveyor Ex.C2. This amount has not been paid by the OP to the complainant and as such there was deficiency in services on the part of the OP.

 

7.                Therefore, as a sequel to our above discussion, we accept the present complaint and direct the OP to make the payment of Rs.86414/- to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e.  26.04.2013  till its final realization. The complainant shall also be entitled for a sum of  Rs.15000/- for the harassment caused to him and a sum o f  Rs.2200/- towards legal fee and litigation expenses. The OP shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

6.04.2015                                                                                                                                             

                                                                         (Subhash Goyal)

                                                                           President,

                                                              District Consumer Disputes

                                                                 Redressal Forum, Karnal.

 

           (Smt.Shashi Sharma)

                    ( Member

Argued by :-    Sh. S.K.Rana Advocate for the complainant.

                      Sh.Sanjeev Vohra Advocate for the Ops.

 

                   Arguments heard. Vide our separate order of the even date, the  present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced:

6.04.2015                                                                                                                                            

                                                                         (Subhash Goyal)

                                                                           President,

                                                              District Consumer Disputes

                                                                 Redressal Forum, Karnal.

 

           (Smt.Shashi Sharma)

                    ( Member

 

 

 

Argued by :-     Sh. S.K.Rana Advocate for the complainant.

                      Sh.Sanjeev Vohra Advocate for the Ops.

 

                    Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced:

6.04.2015                                                                                                                                            

                                                                         (Subhash Goyal)

                                                                           President,

                                                              District Consumer Disputes

                                                                 Redressal Forum, Karnal.

 

           (Smt.Shashi Sharma)

                    ( Member