NCDRC

NCDRC

RP/2858/2010

UNITED INDIA INSURANCE CO. LTD. - Complainant(s)

Versus

SRI RADHA KRISHNA - Opp.Party(s)

MR. KISHORE RAWAT

10 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2858 OF 2010
(Against the Order dated 04/02/2010 in Appeal No. 2136/2008 of the State Commission Karnataka)
1. UNITED INDIA INSURANCE CO. LTD.Through Manager, Regional Office-I, Kanchenjunga Building, 18, Barkhamba RoadNew Delhi - 110001Delhi ...........Petitioner(s)
Versus
1. SRI RADHA KRISHNABhagyalaxmi Enterprises, D. No. III-2, Ajanta Complex, Panja Road, Kadaba, Puttur TalukDakshina KannadaKarnataka ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MR. KISHORE RAWAT
For the Respondent :NEMO

Dated : 10 Sep 2010
ORDER

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          Delay of 71 days in filing the Revision Petition is condoned.

          Respondent/complainant had taken a shopkeepers’ policy covering stock in trade in the sum of Rs.5 lakh.  Respondent filed a claim for Rs.4,20,000/-.  Petitioner appointed a surveyor, who assessed the loss at Rs.20,000/-.  Petitioner sent a discharge voucher of Rs.20,000/- to the respondent, which was not accepted by the respondent.  Respondent filed a complaint before the District Forum, which was allowed and the petitioner was directed to pay a sum of Rs.4,20,000/- along with interest at the rate of 9% with effect from the date of fire till realization.  Rs.1,000/- were awarded by way of costs.  The appeal filed by the petitioner has been dismissed by the impugned order. 

          District Forum as well as the State Commission have given elaborate reasons to discard the report of the surveyor.  Respondent had filed claim for 67 items whereas the surveyor had considered only 17 items.  The surveyor, who appeared as a witness, admitted this fact in his cross-examination before the District Forum.  Fora below have also relied upon the statements of the Branch Manager and the Area Sales Manager who produced the statements of account showing that the respondent had a stock of more than Rs.5 lakh at the time of fire.

          We agree with the view taken by the fora below.  Dismissed.



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER