Punjab

Rupnagar

CC/17/17

Sushil Kumar - Complainant(s)

Versus

Oriental Insurance Company Ltd. - Opp.Party(s)

Sh. S.S.Rattan, Adv.

26 Sep 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  17 of 03.04.2017

                                 Date of decision                    :      26.09.2017

 

 

Sushil Kumar, aged about 30 years, son of Sh. Raj Kumar, Resident of Village Sajmour, Tehsil Anandpur Sahib, District Rupnagar, Proprietor of M/s Sharma Electronics, Nangal Road, Ganguwal Morh, Tehsil Anandpur Sahib, District Rupnagar.   

                                                                 ......Complainant

                                             Versus

Oriental Insurance Company Limited, Nangal Chowk, Rupnagar, through its Branch Manager                                                                                                                                                      ....Opposite Party

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        MRS. NEENA SANDHU, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh.S.S. Rattan, Advocate, counsel for complainant 

Sh. H.C. Verma, Adv. counsel for O.P. 

 

ORDER

                                  MRS. NEENA SANDHU, PRESIDENT

Sh. Sushil Kumar through his counsel has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘the O.P.’) praying for the following reliefs:-

i)       To pay Rs.1,30,214/- along with interest @ 12% per annum i.e. from the date of theft

ii)      To pay Rs.30,000/- as compensation for mental agony and physical harassment suffered by him.

                             iii)     To pay Rs.30,000/- as litigation expenses.

 

2.                The brief facts of the case are that the complainant is running a shop under the name and style M/s Sharma Electronics, Nangal Road, Gangual Morh, Tehsil Anandpur  Sahib, District Rupnagar. He got insured the said shop with the OP for a sum of Rs. 5,00,000/- vide policy No. CHD-C-707202, valid from the period from 11.05.2013 to 10.05.2014, having paid premium of Rs. 3146/- . On 21.01.2014 in the midnight, theft took place in the said shop and goods worth Rs. 1,30,214/- were  stolen. The complainant lodged an FIR No.40 dated 24.4.2014, with the Police Station Anandpur Sahib. He informed the O.P. about the theft and also lodged the claim with it. He has supplied all the requisite documents to the Surveyor, appointed by the OP. Thereafter the complainant visited the office of the OP several times and requested to settle the claim, but the OP did not pay any heed to his request. Hence, this compliant.

3.                On being put to the notice, the O.P. has filed written version taking preliminary objections; that the present complaint is not maintainable; that the complainant has no locus standi to file the present complaint; that this Hon’ble Forum has no jurisdiction to entertain and try the complaint; that there is no deficiency in service on the part of the O.P; that the complainant has no cause of action to file the complaint. On merits it is stated that it is correct that the stock of the shop of the complainant was insured by the company for the period from 11.05.2013(wrongly written as 11.05.2010) to 10.05.2014 for a sum of Rs. 5,00,000/-, for which it had received a premium of Rs.3146/- from the complainant. It is stated that as per F.I.R No. 40 dated 24.04.2014 lodged with the PS Anandpur Sahib u/s 457 with Section 380 IPC, a theft took place in the shop of the complainant. It deputed a surveyor Sh. Rajan Sharda to access the loss, who vide report dated 05.08.2014 has accessed the loss for Rs. 1,14,263/- . It is further stated that the complainant has not produced final untraceable report duly accepted by the Court with regard to the theft, till date, which is the main requirement in the burglary cases, as per terms and conditions of the policy. As such, the claim could not be settled for want of final untraceable report duly accepted by the court. Rest of the allegations made in the complaint have been denied and prayer has been made for dismissal thereof.

4.    On being called upon to do so, the learned counsel for the complainant has tendered affidavit of complainant Ex.CW1/A along with documents Ex.C2 to Ex.C25 and closed the evidence. The learned counsel for the O.P. has tendered into evidence written version in the shape of affidavit Sh. B.K. Goyal, Sr. Branch Manager, the Oriental Insurance Company Limited Ex.OP1 along with documents Ex.OP2 & Ex.OP3 and closed the evidence.

5.    We have heard the learned counsel for the parties and have gone through the record of the file, carefully.

6.    Admittedly, the shop of the complainant was duly insured with the OP for the period from 11.05.2013 to 10.05.2014. From the perusal of FIR dated 24.4.2014, Ex.C1, it is evident that theft took place in the shop in question and goods approximately worth Rs.1,30,000/- were stolen. The learned counsel for the O.P. has submitted that the claim of the complainant could not be settled due to non furnishing of final untraceable report duly accepted by the Court, which as per terms and condition of the policy was required to be provided by the complainant. However, the learned counsel for the O.P. could not point out any provision of law under which the complainant was required to provide the untraceable report to the insurance company. Neither there is any agreement between the parties under which the complainant is required to obtain the said report nor are there any rules and regulations made known to the complainant, at the time when the insurance was effected under which, he is legally bound to procure the said report or the compensation cannot be paid without such a report. In the report dated 01.02.2016, Ex.C2, of the police station Anandpur Sahib, it is mentioned that the goods stolen from the shop of the complainant were sold by the thieves. In fact the O.P. No.1 is unnecessarily making it an issue point, it could have asked the surveyor to whom it deputed to assess the loss to procure the said report. Even, if the said surveyor has not procured the same, the money which the complainant is entitled as compensation on the date on which the theft took place cannot be with held by the O.P. under such excuses causing loss of revenue to the complainant.

Now the question which arises for consideration is what should be the quantum of compensation.

From the perusal of surveyor report, Ex.OP4, it is evident that surveyor has assessed, the loss to the tune of Rs.1,14,263/-. It may be stated that surveyor report being important document cannot be brushed aside lightly without any material to the contrary on record. Therefore, we hold that the O.P. is liable to pay Rs. 1,14,263/- for the loss suffered by the complainant. Not only this, the O.P. is also liable to compensate the complainant for the mental agony and physical harassment suffered by him. It is also liable to pay the litigation expenses to the complainant.

7.              In view of the aforesaid discussion, we allow the complaint and      direct the O.P. in the following manner:-

1.    To pay Rs.1,14,263/- (round of Rs.1,14,300/-) to the complainant along with interest @ 7% per annum from the date of filing of the complaint i.e. 03.04.2017 till payment.

2.    To pay Rs.5000/- as compensation for mental agony and physical harassment suffered by the complainant.

3.    To pay Rs.5000/- as litigation expenses.

       The O.P. is further directed to comply with the order within the period of 45 days from the date of receipt of certified copy of this order.

8.                The certified copies of this order be supplied to the parties    forthwith, free of costs, as permissible under the rules and the file          be indexed and consigned to Record Room.

 

                   ANNOUNCED                                                                       (NEENA SANDHU)

                   Dated .26.09.2017                                                PRESIDENT

 

 

                                                                    (SHAVINDER KAUR)

                                                                                       MEMBER