IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Biraja Prasad Kar, President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.

Dated the 23rd day of February,2016.

C.C.Case No.51 of 2015

Paresh Mallik  S/O Late Naba kishore Mallik

Vill/P.O.  Ahiyas,  P.S.Mangalpur

Dist.Jajpur.

                                                                                                                                                        ……....Complainant .                                                                       

                   (Versus)

   The Manager,National Insurance Co.Ltd, Jajpur Road Branch,

   At/P.O/P.S/ Jajpur Road , Dist. Jajpur.

                                                                                                                                                 …………………..Opp.Party.                                                            

For the Complainant:                     Sri K. Ch. Dash, Advocate.

For the Opp.Party:                          Sri K. Ch. Kar, Advocate.

                                                                                                                                             Date of order:   23. 02. 2016.

SHRI  PITABAS  MOHANTY,   MEMBER .

                                The petitioner has filed the present dispute against the O.P alleging deficiency in service due to non-settlement of his Insurance claim which was lodged by the petitioner due to theft occurred in his liquor shop.

                                The facts relevant for the present dispute shortly are that the petitioner being a proprietor of the I.M.F.L OFF shop located at Ahiyas which is popularly known as Royal Wine shop . The said shop was insured with O.P vide policy No.16310148119800000014 which was in force on 11.06.2012 . It is stated by the petitioner due to theft in the above cited shop on 11.06 .12 the petitioner lodged an F.I.R on 12.06.12  as well as copy of F.I.R along with claim application submitted on the table of O.P. on 12.06.12 . Further according to petitioner the surveyor S.P. Sarangi after visiting the spot though has collected the report but due to non-settlement of Insurance claim the petitioner also has sent one reminder application to the O.P. for settlement of Insurance Claim. In addition to it the petitioner also has sent a legal notice on 13.04.2015 to the O.P. for settlement of Insurance claim but after receipt of the legal notice the O.P neither has settled the claim nor replied the notice though the policy was valid from 14.09.11 to 03.09.12 . Accordingly the petitioner finding no other way has filed the present dispute along with the prayer to award Rs.3,32,000/- towards Rs.2,82,000/- as Insurance Claim and Rs.50,000/- as compensation.

                                After appearance the O.P. has filed the written version . In the written version the O.P. has intimated the petitioner denying the occurrence  of theft in the shop. Further the O.P. has requested the petitioner to provide the documentary evidence about intimation of theft to  O.P for further action at his level since the policy has been expired on 13.09.2012.

                                Owing to the above narrated situation we are inclined to dispose of the dispute as per our observations stated below:-

                                Though it  is settled principle of law that the onus is on the petitioner to prove by reliable relevant evidence but there is not a single piece of paper or materials  in support of the alleged theft has been filed by the petitioner in the present case. Rather as against the plea taken by the petitioner that the surveyor after visiting the spot has submitted his report, the surveyor  Mr.S.R.Sarangi vide his letter dt.15.11.15 has intimated the O.P that he has not conducted any spot survey on 15.03.2015 . As such we are conspired to hold that in such situation the blame can be placed on the door of the petitioner only.                                                

O R D E R

                                Accordingly  we would like to dispose of the case on the following direction.

If the complainant chooses then he can file fresh written report to the O.P and in that case the O.P. will considerate the case of the complainant as per law.

          This order is pronounced in the open Forum on this the 23rd day of February,2016. under my hand and seal of the Forum.