NCDRC

NCDRC

RP/4096/2009

M/S. BALAJI TEXTILES - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

MR. A.D.N. RAO & MS. NEELAM JAIN

20 Nov 2009

ORDER

Date of Filing: 09 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4096/2009
(Against the Order dated 17/06/2009 in Appeal No. 2788/2007 of the State Commission Madhya Pradesh)
1. M/S. BALAJI TEXTILESThrough Proprietor. Motilat Motwani S/o. Gol Bazar Near Garde Shop No.41, Katni ...........Appellant(s)

Vs.
1. ORIENTAL INSURANCE CO. LTD.Through Barnah Manager. Branch Office Basti Katni ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. A.D.N. RAO & MS. NEELAM JAIN
For the Respondent :NEMO

Dated : 20 Nov 2009
ORDER

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          Delay of 55 days in filing the Revision Petition is condoned.

          Dispute involved between the parties is that petitioner got his shop of electronic items insured with the respondent insurance company in the sum of   Rs.9 lakh.  During the validity of the policy, on 27/28.12.2006, the said shop caught fire.  Petitioner lodged claim with the respondent for a sum of Rs.9 lakh, which was repudiated on the basis of the report submitted by the surveyor.  As per the report, the shops from where the petitioner purchased the goods were non-existent.  Thereafter, complaint was filed. 

          District Forum dismissed the complaint, aggrieved against which, the petitioner filed an appeal before the State Commission.  State Commission, to satisfy itself, appointed Mr.H.L. Shah as Court Commissioner to verify as to whether the shops from where the petitioner had purchased the goods were in existence or not.  The Local Commissioner, after visiting the spot, reported that the shops were non-existent.  The affidavits filed by the petitioner of the owners of the shops were disbelieved in the face of the report submitted by the Local Commissioner.

          We agree with the view taken by the State Commission and find no infirmity in the same.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER