S. Majumder, Member.

This appeal has been directed against the judgment passed by the District Forum, 24-Parganas (south), on 27.02.2008 in its case no-59/2007, wherein the Ld. Forum below has allowed the complaint on contest with cost of Rs.1000/- and directed the OP to pay Rs.50,000/- towards the theft of his articles covered under the Insurance Policy. The Ld. Forum below has awarded compensation of Rs.5,000/- in favour of the Complainant and directed the OP-Insurance Company to pay a sum of Rs.56,000/- in total to the Complainant within 45 days from the date of the judgment, failing which the Complainant would be at liberty to egt the decree through the Forum in execution.

The brief facts of the case of the Complainant before the Forum below were that the Complainant took an Insurance Policy from the OP-Insurance Company for the period from 28.01.2004 to 27.01.2005 having a coverage of compensation or loss up to Rs.1,00,000/- to be caused due to theft. On 08.01.2005 a theft was committed at his residence in the night and good number of utensils and other household articles were stolen. On 09.01.2005 the Complainant lodged a complaint with the Jadavpur Police Station along with a list of the stolen articles. In the said complaint it was mentioned that the grill and lock of the entrance and front doors were broken during commission of theft. On receipt of the complaint lodged by the Complainant Jadavpur Police Station started investigation. During investigation the police visited the Complainant’s residence and inspected the place, enquired into the allegation of theft and later submitted the FRT before the Court of the Ld. ACJM, Alipore, with a prayer to permit to reopen the case on receipt of the fresh materials and clue regarding theft. The report was submitted on 17.02.2005. The Complainant submitted a claim before the OP amounting to Rs.50,000/- towards reimbursement of loss, sustained on account of theft on 08.01.2005 along with the claim form and other relevant documents. The theft was already reported to the OP within the stipulated period mentioned in the policy. But unfortunately there was no response from the OP’s end and according to the Complainant it is a definite case of deficiency in service on the part of the OP-Insurance Company. Finding no other alternative the Complainant filed the complaint before the District Forum praying for direction upon the OP to pay him a sum of Rs.50,000/- towards reimbursement of loss due to the theft along with cost and compensation on account of deficiency of service on behalf of the OP.

Being dissatisfied by the judgment the OP-Appellant has preferred this appeal before this Commission contending that the Ld. Forum below has miserably failed to have an analogous study of the policy contract, police report, FRT and the surveyor’s report. The Ld. Counsel for the Appellant has submitted that as the theft was not proved properly the Respondent-1 by suppressing material facts filed the complaint. It has been submitted by the Appellant that the Ld. Forum below has passed the judgment without perusing the surveyor’s report filed by the Appellant wherein various discrepancies and points of doubt were embodied which were not discussed anywhere in the judgment impugned. The Ld. Forum below came to the conclusion without any evidence available on record. According to the Appellant the judgment passed by the Forum below is erroneous, unjust and liable to be set aside and the Appellant has prayed for allowing the present appeal.

On careful consideration of the record, documents and the LCR it is seen by us that it is an admitted fact that during the valid insurance policy period the theft took place on 08.01.2005 and on the next day the Respondent-1 lodged a complaint along with a list of stolen articles and its approximate price with the Police Station and investigation was started. After the theft the Respondent-1 informed the Insurance Company within the stipulated period as per the policy condition along with the claim form and other related documents. The Respondent-1 reported the Insurance Company that the value of the stolen articles is of Rs.50,000/- along with some other articles which have got the antic value. But after submitting the claim form the Respondent-1 did not get any information from the end of the Insurance Company inspite of his repeated correspondences and requests. Then being harassed by the Appellant-Insurance Company for prolonged period the Respondent-1-Complainant was compelled to approach to the Court of law. During the final hearing on 06.11.2008 the Ld. Counsel for the Appellant has submitted that without perusing the Surveyor’s Report the Ld. Forum has passed the judgment, even in the judgment the Forum below has not discussed about the Surveyor’s Report though Surveyor’s Report was filed. The Appellant has taken this point in the grounds of its memorandum of appeal. After hearing such submission we were inclined to call for the LCR from the Court below for our perusal. But on 25.11.2008 at the time of final hearing the Ld. Counsel for the Appellant has failed to find out the Surveyor’s Report from the LCR. It appears to us that after receiving the claim form from the Respondent-1, the Insurance Company has failed to take any step either to settle or to repudiate her claim for a long period and sat tightly over the matter only to harass the claimant which in our opinion is deficiency in service on the part of the Appellant-Insurance Company. Even the Appellant did not bother to appoint a surveyor or the loss assessor to assess the loss due to theft.

Going by the foregoing discussion it is ordered that appeal be dismissed on contest without cost The Appellant shall pay the decretal amount within a period of 45 days from the date of this judgment to the Respondent-1, failing which the above-mentioned amount shall carry interest @10% p.a. for the default period. The appeal be dismissed on contest. The Judgment passed by the District Forum is hereby modified to the above extent. The office is directed to send the copy of this judgment to the District Forum and issue the same upon the recorded Advocates of both sides free of cost forthwith. The Office is further directed to send down the LCR to the Forum below immediately.