LALITA SHIVAJI JAGATAP Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS complaint, it is alleged that both the opposite parties were deficient in their service towards the complainant.

(2.) THE short facts giving rise to this consumer dispute are that the complainant had purchased a plain paper copier machine for Rs. 1,27,801/- out of the loan obtained from the Bank of India, the O.P. No. 1. Under the agreement, O.P. No. 1 agreed to arrange for the Insurance Policy in case the plain paper copier was lost or damaged. THE Bank wanted the security of the loan advanced to complainant. THE Opposite Party No. 2 provided the insurance policy for the period between 30-1-1991 to 29-1-1992 under an insurance policy. Between the night of 20th and 21st April, 1991, there was theft of the said plain paper copier machine and the incident was reported to O.P. No. 2 on 24-4-1991. THE Opposite Party No. 2 asked the complainant to furnish certain documents which she submitted. THE aforesaid facts stand proved on the basis of documents placed on record. THE complainant alleged in this complaint that the complainants claim has been denied by the Opposite Party No. 2 on the ground that the premises mentioned in the policy were changed without the knowledge of the insurance company, which is a gross violation of the terms and conditions of the policy. THE said letter is dated 31-10-1992 addressed to the complainant by O.P. No. 2. According to the complainant, the change of premises was informed to O.P. No. 2 by complainant twice under certificate of posting but the O.P. No. 2 failed to record the change of premises. THE complainant, therefore, claimed the price of the lost machine amounting to Rs. 1,27,801 jointly and severaly from O.P. No. 1 and 2 and also claimed Rs. 2,500/- per month towards the loss of business.

(3.) THE complainants complaint is allowed. THE O.P. No. 2 is directed to pay to the complainant the amount of Rs. 1,27,801/- as claimed towards the price and Rs. 12,500/- towards compensation. THE complainant be paid interest on the amount of Rs. 1,27,801/- from 1-8-1992 at the rate of 18% p.a. till realisation. Complaint allowed.