SANJAY JAIN Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) SANJAY Jain appellant had purchased laptop on 10.11.2001 for an amount of Rs. 1,20,000. It was got insured by him from the respondents against theft, etc. and premium amount was paid. On 10.1.2002 the appellant had parked his car outside M/s. Mercury Rubber Factory, Basti Bawa Khel, Jalandhar and went inside the factory. After sometime he came back and he found that the laptop was stolen. The appellant lodged a complaint with the police of PS -Sadar, Jalandhar for registration of a case. The claim was also lodged with the respondents but there was no response. Hence the appellant filed the complaint in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short District Forum ).

(2.) THE respondents filed written statement. Preliminary objections were pleaded and the case was also contested on merits. It was not denied that the laptop of the appellant was insured with the respondents. However, it was denied if on 10.1.2002 the laptop was stolen from the car of the appellant which was allegedly parked outside M/s. Mercury Rubber Factory, Basti Bawa Khel, Jalandhar. It was pleaded that no case of theft was registered in the police station. There was no evidence if the lock of the Lancer car was forcibly opened. No window glass of the car was broken and for this reason no case of theft was registered. Only DDR was registered. It was a case of no claim and the appellant was accordingly informed on 30.4.2002. Hence the dismissal of the complaint was prayed.

(3.) THE appellant proved his affidavit as Ex. C -1 and also produced documents as Ex.C -2 to Ex. C -19. The respondents proved affidavit of Kesar Dass, Sr. Divisional Manager, The New India Assurance Co. Ltd., Jalandhar as Ex. OP/1. They also proved documents as Ex. OP/2 and Ex. OP/3.