STATE CONSUMER DISPUTES REDRESSAL COMMISSION

BIHAR, PATNA

(Appeal No. 159 of 2015 and A-105 of 2015)

(Appeal no. 159 of 2015)

United India Insurance company Ltd.

Through Branch Manager,

Bazar, Betiah,

 West Champaran, and others.                                                                      Appellants.         

VERSUS

Nawal Prasad,

S/O- Late Mewa Lal Sah,

R/O- Chhota Ramna,

P.O.+ P.S- Betiah,

West Champaran and another                                                         Respondents.

                                                            (Appeal no. 105 of 2015)

Nawal Prasad,

S/O- Late Mewa Lal Sah,

R/O- Chhota Ramna,

P.O.+ P.S- Betiah,

West Champaran and another                                                              Appellants.

                                                                        VERSUS

United India Insurance company Ltd.

Through Branch Manager,

Bazar, Betiah,

West Champaran, and others.                                                               Respondents.         

BEFORE,

         Hon’ble Mr. Justice S.K.Sinha, President,

                                Hon’ble Sri Upendra Jha, ADM(Rtd), Member

                                 Hon’ble Smt. Renu Sinha, member (F)

ORDER

25.05.2017

Smt. Renu Sinha, Member (F).

                                     Both the appeals  bearing no.159/15 and appeal no.105/15 arising out of same impugned order   have been taken up together  for disposal  governed by a common order.

2.               The appeal no.159/15 directed against the order dt.10-04-15, passed by the District Forum Bettiah, in complaint case no.57/09, wherein it was directed to ops1,2,3 United India Insurance co. to pay Rs.3,50,000/ as claim amount to the complainant Nawal kishor Prasad within two months of the order, failing which ops to pay interest @9%p.a. on aforesaid amount.

3.                  The case related to allegation of deficiency in service on part of the ops Insurance co. filed by the complainant in the District Forum for nonpayment of the claim amount against the loss of  insured stocks and cash taken away from the shop of the complainant within the valid period of the policy,  by committing theft by unknown thieves  and in spite of information to insurance co. and submission of required documents and  inspection by the surveyor,   the claim could not settle by Insurance co., compelled the complainant to file a  complaint in the District Forum seeking relief  for payment of Rs.3,50,000/ with interest and compensation, for the articles taken away in theft which  led to financial crisis in payment of due loan amount and harassment. The case was contesed by the ops Insurance co. admitting the policy and the incident , and  taking the stand that  due to non submission of the more documents by the complainant as demanded by the surveyor, the claim could not be settled and the complainant not entitled to get any compensation for the loss.  The District Forum on considering the case of the parties as well as the materials produced on their behalf and having observed the submission of document by the complainant,   including  copy of FIR, Stock register regarding purchase of articles   and Bank receipts regarding payment of amount in C C accounts showing  the business running smoothly, held  loss of stocks worth  Rs.3,50,000/ as claimed by the complainant proved and nonpayment of claim  by insurance co. deficiency in service and accordingly, passed the impugned order    allowing  the claim directing the ops Insurance co. for  payment of Rs.3,50,000/ to the complainant  against  the loss of articles only and not entitled for  compensation for the delay in lodging FIR and non production of purchase report.

4.                Being aggrieved with the order passed by the District Forum, the appellant Insurance co. have come in appeal stating that the impugned order passed without any materials to show extent of loss and the  documents demanded  not supplied by the complainant due to which the surveyor could not assess the loss, hence the complainant not entitled to get any relief for the loss and the impugned order not proper is fit to be set aside.

5.             Heard the counsel for the appellant and the counsel appearing for the respondent no.1 and respondent no.2 bank. Perused the entire materials available on record along with impugned order in detail.

6.              It is admitted facts that the stocks of the shop of the complainant was insured with the appellants Insurance co. and the incident of theft committed in the said shop of the complainant in the night of 21-12-08 and the FIR was lodged by the complainant on 22-12-08,  claiming loss of stock worth Rs.3,50,000/  and the Final investigation report found the case true  and the final report accepted by the CJM and in view of production cogent  materials by way of evidence  by  the complainant  in  support of the loss of stock to the tune of Rs.3,5000/  i.e. stock register, receipts of purchase of stocks from different people and bank  receipts regarding payment of amount in cc account and considering the above facts and evidences,   we are of the view that District Forum quite right in  holding the loss of stocks  due to theft to the extent of Rs.3,50,000/  suffered to the complainant  cannot be faulted. As such we are not inclined to take another view of the matter in this regard. The order of the District Forum is confirmed.

7.               However,  being partly aggrieved  with the order dt.10-04-15, passed by  the District Forum- Bettiah,  the complainant/appellant   has come in appeal by filing appeal no.105/15 stating that while allowing the claim of the complainant to the tune of  Rs,3,50,000/ , the District Forum erred in not granting  interest on amount of Rs.3,50,000/ and compensation and litigation cost, which is violation of 14(d)(i) of the C.P. Act as there was no delay in filing the FIR which was lodged on 22-12-08 after reaching at shop in the morning.  Therefore,  prayed for  direction for grant of interest  and compensation with litigation cost be paid by the insurance co..

8.               Having considered the grounds as stated above  and in view of the incident of theft occurred in the night of 21-12-08 in the shop of the complainant  and  getting knowledge of the incident on next day morning after   reaching to the said shop on 22-12-08,  the complainant  lodged  an FIR in concerned P.S on 22-12-08.,  we allow the appeal by granting interest on the  amount of  Rs.3,50,000/- @6%p.a. with compensation of Rs.5000/ and  litigation cost of Rs.5,000/   be paid  by the insurance co. to the complainant calculated  from the date of filing of the  complaint case in the District Forum  within two months of this order,  failing which the interest  rate shall stand to 9%p.a. till the date of final payment. The appeal is allowed to above extent by granting interest and compensation and litigation cost .

9.                  In result, the appeal no.105/15 is allowed in part as above.  The order of the District Forum is affirmed and modified to above extent.  The appeal no.159/15 stands dismissed.  

S.K. Sinha                             Upendra Jha                       Renu Sinha

President                              Member(M)                         Member(F)

        Mukund