UNITED INDIA INSURANCE COMPANY LIMITED Vs. DEEN DAYAL

JUDGEMENT

(1.) THIS is an appeal against the order of District Consumer Disputes Redressal Forum -I, U.T., Chandigarh dated 7.10.2008 passed in Complaint Case No. 368 of 2008. The contextual facts in brief are as under.

(2.) THE facts of the case are that the respondent/complainant is carrying on the business of fancy light and shandliers in a three -storeyed building, in the name and style of Deen Dayal and Sons. That the respondent/complainant purchased a policy under the scheme of "Shop -keepers Insurance" policy issued by the OPs vide No. 110702/48/06/34/00000463 from 30.11.2006 to 29.11.2007. While issuing the policy, the representative of the OPs inspected the shop and assessed the value. The requisite premium of Rs. 14,684 including service tax and stamp duty, etc. was paid to the OPs by the complainant.

(3.) IT is averred that on the midnight of 12/13.6.2007 a wind storm lashed the city during which the goods lying in the shop were damaged, and due to which the complainant incurred a heavy loss. On reporting the matter to OPs a Surveyor was duly appointed, who inspected the shop and took the photographs of the spot. It is also averred that the Surveyor assured the complainant that the claim amount will be released very soon, however the OPs did not pass the claim of the respondent/complainant in spite of several requests and visits as well as on issuance of legal notice dated 20.2.2008.