ORIENTAL INSURANCE COMPANY LIMITED Vs. UMESH CHANDRA KANDPAL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.8.2006 passed by the District Forum, Rudraprayag, allowing the consumer complaint No. 04 of 2006 and directing the opposite party No. 1 -The Oriental Insurance Company Limited, to pay to the complainant sum of Rs. 1,30,000 together with interest @ 6% p.a. from the date of filing of the consumer complaint till the date of actual payment.

(2.) THE facts of the case, in brief, are that the complainant Sh. Umesh Chandra Kandpal is the owner of a shop in the name and style of M/s. Kandpal Vastra Bhandar, Vijay Nagar, Agaustmuni, District Rudraprayag. He had taken a loan of Rs. 1,00,000 from the State Bank of India, Agaustmuni - opposite party No. 2 for his business and has got the shop insured with the opposite part No. 1 - The Oriental Insurance Company Limited for sum of Rs. 3,50,000 against fire and allied perils, burglary, housebreaking etc. for the period from 9.11.2004 to 8.11.2005. On 21.7.2005, debris and flood water entered into his shop due to a cloud burst, causing damage to the shop and stock kept in it. The complainant informed the opposite parties regarding the incident on 23.7.2005. According to the complainant, the Insurance Company deputed a Surveyor who visited site on 29.7.2005 and found that the said incident had caused damage to the shop and stock kept in it. The insured estimated the loss at Rs. 1,30,000 and submitted a claim accordingly with the Insurance Company. But the Insurance Company despite the fact that the incident was a genuine one causing damage to the shop and its stock, repudiated the claim on the ground that the claim was found false and fabricated. On filing a consumer complaint alleging deficiency in service on the part of the Insurance Company, the District Forum allowed the same vide its order dated 22.8.2006 in the above manner. Aggrieved by the said order, the Insurance Company has filed this appeal.

(3.) WE have heard the learned Counsel for the parties and perused the material placed on record.