Order no. 5 Date: 14-07-2017

Sri Shyamal Gupta, Member

Challenge under this Appeal is the Order dated 10-08-2015 passed by the Ld. District Forum, Purba Medinipur in C.C. No. 26/2015.

Brief facts of the complaint case are that the Complainant lodged an insurance claim with the OP Insurer in respect of the loss suffered by him over an incident of burglary at his shop on 21-03-2014.  Allegedly, the said claim was repudiated by the OP Insurer citing some baseless and vague grounds.  Feeling aggrieved, Complainant filed the instant complaint.

Per contra, OP Nos. 1&2 (Insurance Company) by filing a WV stated that the Complainant took inordinate time to report the alleged incident of burglary to the Police as well as the Insurance Company.  Moreover, it is further pointed out by these OPs that in the insurance policy, location of the shop of the Complainant was shown as Vill. Khajuri, P.O. Bhagwanpur, Purba Medinipur, West Bengal; however, in the FIR, the affected place was mentioned as Barganwanpur Bus Stand of Vill. Panjkula which was situated 1 k.m. away from the shop of the Insured.  Further case of these OPs is that although the Complainant was asked to submit certified copies of FRT, newspaper clippings, sale invoice, stock and VAT return, trade license, other statutory licenses, bank stock declarations, the Complainant did not fulfill this requirement.

Decision with reasons

Heard the Ld. Advocates on the issue and perused the material on record carefully.

It appears from the record that the previous policy notwithstanding expired on 11-02-2014, the Appellant renewed it on 21-03-2014, i.e., on the very day of happening of alleged incident of burglary.  The Appellant has not put forth any explanation as to why he did not renew the previous policy in time.  Happening of an incident of theft on the very day of renewal of an expired policy is bound to raise eyebrows.  However, in absence of any tangible proof to dub it as a fake incident, we feel, the Appellant deserves benefit of doubt in this regard. 

As for the various other issues flagged by the Respondent Nos. 1&2 in their WV, we find that apart from putting forth some sort of feeble excuses for the belated information to the Police Authority, the Appellant has miserably failed to give any satisfactory explanation in respect of other issues.

According to the complaint lodged with SP, Purba Medinipur, the alleged incident of burglary took place at the godown of the Appellant situated at Barganwanpur Bus Stand of Vill. Panjkula.  Not a single scrap of paper is, however, placed on record from the side of the Appellant to show that business material kept at the said godown were covered under the insurance policy in question.  That being not proven, in our considered opinion, on this very score, the instant claim was not admissible.  The Appellant filed photocopy of a purported unit visit report of the Respondent No. 3 dated 11-08-2014.  Insofar as the same was issued post occurrence of alleged incident of burglary, it hardly aids the cause of the Appellant in any manner. 

Further, the Appellant has not uttered a single word justifying belated intimation to the Respondent Insurance Company.  It was a clear breach of policy condition and on this score too, the Respondent Insurance Company had every right to repudiate the claim of the Appellant.

The Appellant has also not advanced any plausible ground for not furnishing requisite documents to the Respondent Insurance Company although the insurance policy cast a duty upon the Insured to furnish all the requisite documents to the Insurance Company. 

Overall, the Appeal appears to be devoid of any merit and as such, we find no reason whatsoever to allow it. 

In the result, the Appeal fails.

Hence,

O R D E R E D

that A/1029/2015 be and the same is dismissed on contest.  The impugned order is hereby affirmed.  No order as to costs.