Complainant Smt. Kiran Kumari filed this case for a claim of Rs. 11,00,000/- with 12 % interest since 24.12.2015 till payment and compensation of Rs. 1,00,000/- for mental harassment and litigation cost of Rs. 20,000/-.

2          The case of the complainant is that she is the sole proprietor of Jewellery shop named City Alankar Jewellers and obtained a business package insurance policy, vide Policy No. 1064278-02 for the period 14.06.2015 to 13.06.2016 and the sum was insured for Rs. 11,00,000/- including stock of Rs. 8,00,000/- and Rs. 3,00,000/- for furniture, fixture and fittings from SBI General Insurance Co. through the Branch Manager, at Bokaro named as O.P. No.2 and 3.

            In the night of 17.06.2015 a theft was committed by breaking locks, Almirah and iron chest and the all the gold and silver Jewellery including cash of Rs. 10,000/- was stolen to the tune of Rs. 20,00,000/- including the cash. The complainant informed the Police and a case was registered u/s 461 and 379 IPC and the Police submitted final report as the case is true but no clue which was accepted by the C.J.M. Bokaro on 18.11.2015.   The complainant filed insurance claim No. 183911 for Rs. 20,00,000/- along with the relevant documents.   Surveyor was appointed by the O.P. The O.P. No.1 sent a letter dt. 30.11.2015 regarding clarification which was sent by the complainant on 15.12.2015 but the O.P. No.1 repudiated the claim due to violation of policy condition on the ground, false and fabricated documents were produced and hence this case.

3          Complainant has filed following Anxs in support the claim:-

Anx-1 Copy of the insurance policy

Anx-2 to 2/1, 2/2 Copies of FIR, charge sheet and CJM Court Order.

Anx-3 Copy of the letter of O.P. dt. 30.11.2015.

Anx-4 Copy of the legal notice.

Anx-5 Copy of letter to the SBI Bokaro by the complainant regarding theft.

Anx-6 to 6/3 Copies of stock register.

Anx-7 Copy of Hypothecation Inspection Register.

Anx-8 Copy of the reply of letter along with copy of IT Returns for the year of 2012-13, 2013-14 and 2014-15.

Anx-9 to 9/4Copies of receipt regarding purchase of fixtures materials.

Anx-10 Copy of opinion report regarding stocks.

4          O.P. No.1 and 2 SBI General Insurance Co. appeared and filed W.S. O.P. No.3 SBI Bokaro has not appeared and proceeding Ex-parte initiated against the O.P. No.3. It is submitted that there is no cause of action and complaint is not maintainable. It is admitted that the theft was committed in Jewellery shop but there is dispute regarding theft of the total amount and the theft as per the Surveyor’s final report. It is also submitted that the Surveyor has also found lapses and negligence on the part of the complainant for maintenance of stock register and purchase and sales report. It is also submitted that apart from the Surveyor final report, investigation report by Surveyor shows six purchase receipts of Jai Maa Durga Ornaments, Chhapra has been found fake and false and the complainant sought more claim on those documents.

5          Anx-A Final Survey Report, Anx-B Investigation Report along with policy conditions have filed by the O.P. in its support.

                                                            F I N D I N G S

6          On perusal of the record we hold that the complainant is a consumer and the dispute is a consumer dispute.

7          During the course of argument, the complainant was ready to receive the net loss assessed of Rs. 2,78,600/- by the Surveyor in its final report.

8          We perused the terms and conditions of the O.P., only because some receipts filed for the claim, found to be fake, the entire claim of the complainant cannot be withheld by the O.P. The Anx-A is the final surveyor report after considering all the loss on the spot to the complainant due to theft being accepted by the complainant, hence the O.P. SBI General Insurance is liable to pay the net loss assessed by the Surveyor in his report which based on actual assessment paper and stock register.

9          Thus, in the above facts and circumstances and the reasons stated above, we allow the amount of Rs. 2,78,600/- as the final loss caused to the complainant and this amount, the O.P. (SBI General Insurance Co. Ltd.) has to pay to the complainant.

10        Accordingly we allow the part claim of the complainant and O.P. SBI General Insurance Co. Ltd. is hereby directed to pay Rs. 2,78,600/- (Rs. Two lac seventy eight thousand six hundred) only with interest of 6% per annum since the date of theft till the payment.

O.P. is further directed to pay compensation of Rs. 10,000/’- (Rs. Ten thousand) only and litigation cost of Rs. 1,000/- (Rs. One thousand) only to the complainant.

            All the payments must be paid within 60 days from the date of order till realization and if the claim is not paid within time the rate of interest on the claim allowed shall be enhanced to 10% till realization.