Date of Filing: 20-09-2015                                                      Date of Final Order: 31-03-2017

Sri Gurupada Mondal, President.

            This is an application under Section 12 of C.P. Act, 1986 filed by Bitu Roy Sarkar against Branch Manager, Oriental Insurance Co. Ltd. praying for payment of the sum assured under the Policy, Rs.10,000/- for harassment,  mental pain and agony, Rs.5,000/- for unfair trade practice and Rs.5,000/- towards compensation.

           The case of the Complainant in short is that he was running a Decorator business shop at Chilkirhat Bazar, P.S Kotwali, Dist. Cooch Behar. He obtained an Insurance Policy from the O.P Oriental Insurance Co. Ltd. covering insurance of 22 HP Eicher Machine Engine, 15 KVA Single Phase, Alternator and allied items and the Policy was enforced for the period from 24/05/2015 to 23/04/2016.  The Policy was known as Burglary Standard Policy Schedule. It is also alleged that during the subsisting of the said Policy, the theft was committed in the shop of the Complainant on 24/04/2015 at night and the incident was reported to the O.P on 27/04/2015. An FIR was lodged with the O/C, Kotwali P.S being Police Case No.490 dated 19/05/2015 under Section 461, 379 IPC and G.R. Case No.592/15 were started. The Police submitted final report on 29/07/2015.

            Further, case of the Complainant is that the Complainant is a bona fide customer of the O.P and he is a small businessman and he sustained loss.  The O.P deputed one Surveyor for assessment of the loss but the O.P finally did not pay anything to the Complainant. Accordingly, the Complainant has filed the instant case for direction to the O.P to pay the sum assured under the Policy, Rs.10,000/- for harassment, mental pain and agony, Rs.5,000/- for unfair trade practice and Rs.5,000/- towards compensation.

          Summon upon the O.P was duly served and the Administrative Officer of the O.P appeared before this Forum and submitted an application for time to settle the claim but finally O.P did not contest the case.  Accordingly, the case was heard Ex-parte.

POINTS  FOR  CONSIDERATION

            Is the Complainant entitled to get an order as prayed for?

DECISION WITH REASONS

             The Complainant took an insurance Policy from the O.P by paying an amount of Rs.674/- and the business of the Complainant is not a large business for making heavy profit. Accordingly, the Complainant is a consumer and the case is maintainable one. The Complainant is the resident of Cooch Behar and the Office of the O.P is situated at Cooch Behar and he paid the Insurance Premium at Cooch Behar. The claim is within the limit or D.C.D.R.F., Cooch Behar. Hence, this Forum has jurisdiction to try this case.

            To prove the case, the Complainant submitted his original Insurance Policy, Applications submitted before the Branch Manager, Oriental Insurance Co. Ltd., Formal FIR, Certified copy of written complaint, Final Report submitted by O/C, Kotwali P.S., Xerox copy of Tax Invoice, Challan and Quotation. The Complainant filed the evidence on affidavit. The evidence of the Complainant was not challenged by adducing evidence by O.P.

            From the documents filed by the Complainant, it reveals to us that the Complainant took Burglary Standard Policy Schedule for his 22 HP Eicher Machine Engine Sl. No.519029771678, 15 KVA Single Phase, Alternator, Sl. No.012040101 and allied items. The Policy number was 313202/48/2016/99 and the Policy was enforced for the period from 24/05/2015 to 23/04/2016. Therefore, Policy was valid for 24/05/2015 to 23/04/2016 mid-night. It is further evident from the documents that the theft was committed in the Decorating shop of the Complainant in the night on 24/04/2015 and the Complainant detected about the said theft on 25/04/2015 and to that effect, he submitted a claim before the Branch Manager, Oriental Insurance Co. Ltd., Cooch Behar on 27/04/2015 and the Complainant lodged a written complaint with the O/C, Kotwali P.S. on 19/05/2015 under Section 461, 379 IPC. The Police took up investigation of the case and submitted final report. We have gone through the said final report submitted by the Police. The Police did not submit final report alleging mistake of fact but the Police failed to detect the criminals as well as recovery of stolen articles. The Police was clueless and for that reason, Police submitted final report vide Kotwali P.S FRT No.741/15 dated 29/07/2015 under Section 461, 379 IPC.

            The evidence of the Complainant was not challenged.  It is evident from the written complaint filed by the Complainant before O/C, Kotwali P.S that one 15 KVA Single Phase, Alternator, Sl. No.012040101, Cylencer and Mounting were stolen. As per Insurance Policy, it is evident that 15 KVA Single Phase, Alternator, Sl. No.012040101 along with other articles were insured with the O.P Insurer but we do not find that the Cylencer and Mounting were insured with the O.P Insurer. The Complainant filed an application before the Branch Manager, Oriental Insurance Co. Ltd., Cooch Behar with a prayer for claim but the said claim was not paid. It creates doubt in the mind of this Forum that on the date of taking the insurance policy, theft was committed in the shop of the Complainant. But in such a situation, this Forum has no other alternative to negate the claim of the Complainant. The value of the 15 KVA Single Phase, Alternator being Sl. No.012040101 was Rs.40,000/-. The Complainant is entitled to get the said amount. The Complainant took the Policy of Rs.1,50,000/- from the O.P Insurer by paying premium of Rs.674/-. The 15 KVA Single Phase, Alternator was stolen during the insurance coverage policy of the O.P Insurer and as such, the O.P Insurer has no other alternative but to accept to make payment to the Complainant.

            The case succeeds accordingly.

Hence,

            Ordered,

                That the case is allowed Ex-parte against the O.P Insurer. The O.P is hereby directed to pay Rs.40,000/- to the Complainant towards the cost of the 15 KVA Single Phase, Alternator and Rs.2,000/- towards the cost for harassment, mental pain and agony and Rs.1,000/- as compensation. The O.P is directed to pay the aforesaid sum within 45 days from this date, failing which the O.P shall pay Rs.50/- per day to the Complainant till payment is made.

        Let plain copy of this Final Order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action, as per Rules.

Dictated and corrected by me.