STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BIHAR, PATNA
(Appeal No. 159 of 2015 and A-105 of 2015)
(Appeal no. 159 of 2015)
United India Insurance company Ltd.
Through Branch Manager,
Bazar, Betiah,
West Champaran, and others. Appellants.
VERSUS
Nawal Prasad,
S/O- Late Mewa Lal Sah,
R/O- Chhota Ramna,
P.O.+ P.S- Betiah,
West Champaran and another Respondents.
(Appeal no. 105 of 2015)
Nawal Prasad,
S/O- Late Mewa Lal Sah,
R/O- Chhota Ramna,
P.O.+ P.S- Betiah,
West Champaran and another Appellants.
VERSUS
United India Insurance company Ltd.
Through Branch Manager,
Bazar, Betiah,
West Champaran, and others. Respondents.
BEFORE,
Hon’ble Mr. Justice S.K.Sinha, President,
Hon’ble Sri Upendra Jha, ADM(Rtd), Member
Hon’ble Smt. Renu Sinha, member (F)
ORDER
25.05.2017
Smt. Renu Sinha, Member (F).
Both the appeals bearing no.159/15 and appeal no.105/15 arising out of same impugned order have been taken up together for disposal governed by a common order.
2. The appeal no.159/15 directed against the order dt.10-04-15, passed by the District Forum Bettiah, in complaint case no.57/09, wherein it was directed to ops1,2,3 United India Insurance co. to pay Rs.3,50,000/ as claim amount to the complainant Nawal kishor Prasad within two months of the order, failing which ops to pay interest @9%p.a. on aforesaid amount.
3. The case related to allegation of deficiency in service on part of the ops Insurance co. filed by the complainant in the District Forum for nonpayment of the claim amount against the loss of insured stocks and cash taken away from the shop of the complainant within the valid period of the policy, by committing theft by unknown thieves and in spite of information to insurance co. and submission of required documents and inspection by the surveyor, the claim could not settle by Insurance co., compelled the complainant to file a complaint in the District Forum seeking relief for payment of Rs.3,50,000/ with interest and compensation, for the articles taken away in theft which led to financial crisis in payment of due loan amount and harassment. The case was contesed by the ops Insurance co. admitting the policy and the incident , and taking the stand that due to non submission of the more documents by the complainant as demanded by the surveyor, the claim could not be settled and the complainant not entitled to get any compensation for the loss. The District Forum on considering the case of the parties as well as the materials produced on their behalf and having observed the submission of document by the complainant, including copy of FIR, Stock register regarding purchase of articles and Bank receipts regarding payment of amount in C C accounts showing the business running smoothly, held loss of stocks worth Rs.3,50,000/ as claimed by the complainant proved and nonpayment of claim by insurance co. deficiency in service and accordingly, passed the impugned order allowing the claim directing the ops Insurance co. for payment of Rs.3,50,000/ to the complainant against the loss of articles only and not entitled for compensation for the delay in lodging FIR and non production of purchase report.
4. Being aggrieved with the order passed by the District Forum, the appellant Insurance co. have come in appeal stating that the impugned order passed without any materials to show extent of loss and the documents demanded not supplied by the complainant due to which the surveyor could not assess the loss, hence the complainant not entitled to get any relief for the loss and the impugned order not proper is fit to be set aside.
5. Heard the counsel for the appellant and the counsel appearing for the respondent no.1 and respondent no.2 bank. Perused the entire materials available on record along with impugned order in detail.
6. It is admitted facts that the stocks of the shop of the complainant was insured with the appellants Insurance co. and the incident of theft committed in the said shop of the complainant in the night of 21-12-08 and the FIR was lodged by the complainant on 22-12-08, claiming loss of stock worth Rs.3,50,000/ and the Final investigation report found the case true and the final report accepted by the CJM and in view of production cogent materials by way of evidence by the complainant in support of the loss of stock to the tune of Rs.3,5000/ i.e. stock register, receipts of purchase of stocks from different people and bank receipts regarding payment of amount in cc account and considering the above facts and evidences, we are of the view that District Forum quite right in holding the loss of stocks due to theft to the extent of Rs.3,50,000/ suffered to the complainant cannot be faulted. As such we are not inclined to take another view of the matter in this regard. The order of the District Forum is confirmed.
7. However, being partly aggrieved with the order dt.10-04-15, passed by the District Forum- Bettiah, the complainant/appellant has come in appeal by filing appeal no.105/15 stating that while allowing the claim of the complainant to the tune of Rs,3,50,000/ , the District Forum erred in not granting interest on amount of Rs.3,50,000/ and compensation and litigation cost, which is violation of 14(d)(i) of the C.P. Act as there was no delay in filing the FIR which was lodged on 22-12-08 after reaching at shop in the morning. Therefore, prayed for direction for grant of interest and compensation with litigation cost be paid by the insurance co..
8. Having considered the grounds as stated above and in view of the incident of theft occurred in the night of 21-12-08 in the shop of the complainant and getting knowledge of the incident on next day morning after reaching to the said shop on 22-12-08, the complainant lodged an FIR in concerned P.S on 22-12-08., we allow the appeal by granting interest on the amount of Rs.3,50,000/- @6%p.a. with compensation of Rs.5000/ and litigation cost of Rs.5,000/ be paid by the insurance co. to the complainant calculated from the date of filing of the complaint case in the District Forum within two months of this order, failing which the interest rate shall stand to 9%p.a. till the date of final payment. The appeal is allowed to above extent by granting interest and compensation and litigation cost .
9. In result, the appeal no.105/15 is allowed in part as above. The order of the District Forum is affirmed and modified to above extent. The appeal no.159/15 stands dismissed.
S.K. Sinha Upendra Jha Renu Sinha
President Member(M) Member(F)
Mukund