Order No. -30 Dt.-15/05/2015
Sri Prabin Chettri, Member
The complainant’s case in short is that the complainant is a sole proprietor of “Kohinoor Jewellers “ having his place of business at shop no. 22/23 Cosmos Mall (Upper Ground Floor), 2nd mile, Sevoke Road, 734001, Dist.-Jalpaiguri. Complainant to safeguard the investments, insure one Jewellery Block Insurance Policy in the name of the business, “Kohinoor Jewellers from the opposite party Reliance General Insurance Co.Ltd. The aforesaid policy bearing No.- 1507312612000006 was in force from 31/03/2011 to midnight of 30/03/2012. That on 18/09/2011 one pair diamond bangle, two set diamond necklace and two pair diamond earrings were stolen by some miscreants from the shop of the complainant. The complainant lodged FIR with the Bhaktinagar Police Station over this incident. Police started P.S. Case 1441/2011 under Sec 379(IPC) which was ended in F.R.T. And the complainant claimed to the O.P. Reliance General Insurance Co.Ltd. for settlement of his claim.
That the O.P. also made detailed enquiry in respect of the claim of the complainant through their authorized agent/ surveyor. After completion of necessary enquiry the O.P. assured the complainant that his claim will be settled within short period of time and complainant also believed that assurance of the O.P. but in vain.
On 28/06/2012 the O.P. informed the complainant by a letter informing him, that the O.P. came to the conclusion after going through the survey report that the claim of the complainant is not appearing as a genuine one and the O.P. wanted explanation from the complainant.
The O.P. send one letter to the complainant informing him about some of its findings and put some purportedly false allegations against the complainant. The O.P. Most arbitrarily and unilaterally took decision in expressing its inability to admit liability under the said policy. The complainant had sent one notice dt. 13/04/2013 through Advocate to the O.P. requesting to consider his claim and to take immediate action for settlement of his claim. However the O.P. Inspite of receiving the said notice, neither replied the said notice, nor settled the claim of the complainant.
Hence this case.
O.P.no 1 and 2 have contested this case by filing joint W/V denying and disputing the claims and contention of the complainant with prayer for dismissal of the case with cost.
Specific stand of the O.Ps. is that complainant’s statement about the theft of one pair diamond bangle, 2 set diamond necklace, 2 pair of diamond earrings from his business establishment on 18/09/2011 is totally false and that alleged theft of aforesaid property of the complainant is not real and that is after thought. And that it is established from the CCTV footage taken on 18/09/2011 evening(at the time of earthquake) there was no other person in the shop except the complainant and/ or his staff.
POINTS FOR CONSIDERATION
- Whether the case is maintainable by both Law and fact?
- Whether the complainant is a consumer as per provision of the C.P.Act 1986?
- Are the O.Ps. Guilty for deficiency in service as alleged?
- Is the complainant entitled to get reliefs as prayed for?
DECISION WITH REASONS
All four points are taken up together for consideration and decision for the sake of convenience?
Seen and perused the pleadings of both parties which are supported by affidavits and the documents annexed, the written arguments filed by the parties and the documents filed by both the parties.
We have also heard the arguments advanced by the Ld. Lawyers of both sides.
Ld. Lawyer for both the parties have referred a decision of Hon’ble National Commission in “Shree Krishna Jewellery -vs- United India Insurance Co.Ltd reported in I(2003) CPJ 271 (NC).
Perused the said decision referred by the parties.
We find that it is not disputed that the complainant purchased insurance policy bearing no.- 1507312612000006 from the O.P. for safety and security of valuable ornaments etc. of his shop , which was valid from 31/03/2011 to 30/03/2012. The alleged theft of ornaments from the shop of the complainant was occurred on 18/09/2011. This case was filed by the complainant on 20/08/2013 and that the office of the O.P.2 is at Bhaktinagar i.e. within the territorial jurisdiction of this Forum. Therefore it is clear that the case is maintainable and the complainant is a consumer.
Now from the W/V, copy of FIR and the report of the surveyor/ investigator engaged by the O.Ps., we find that on the date and time occurrence of an earthquake started which was continued for sometimes. And from the CCTV footage collected by the surveyors/ investors it is found that in the evening of 18/09/2011 there was no other person in the shop except complainant and his staff . The complainant has no where in his petition of complaint stated about the earthquake started at the time of alleged theft in his shop. And by such act he has suppressed the material fact and thus he has not come before this forum with clean hands. Furthermore when no one can say or predict the time and date of earthquake how can a thief predict the time and date of earthquake and to prepare blueprint to commit theft of ornaments from the secured shop of the complainant? Therefore it is clear that the story as alleged by the complainant is purely unbelievable and as such the repudiation made by the O.Ps. to settled the claim of the complainant was proper. As such there was no deficiency in service on the part of the O.Ps. as alleged by the complainant. Accordingly we find and hold that the O.Ps. are not guilty for deficiency in service and the complainant is not entitled to get any relief in this case.
All points are disposed of accordingly.
In the result the case/application fails.
Hence, it is
O R D E R E D
that the case/application is dismissed on contest with cost of Rs.4000/-(Four Thousand) to be paid by the complainant to the O.P Reliance General Insurance Co.Ltd. within 30 days from this day failing which the complainant shall have to bear interest @8% p.a. till realization of the same and the O.P.shall be at liberty to realize the same by putting this order into execution in accordance with law.
Let plain copy of this final order be supplied to the parties free of cost forthwith in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.
