RADHA MOHAN SAINI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against the order dated 5.1.2004 passed by the District Forum -I, Jaipur in complaint No. 716/2000, by which the complaint of the complainant appellant was allowed against the respondent Insurance Company in the manner that the respondent Insurance Company was directed to make payment of Rs. 18,100 with interest @ 10% p.a w.e.f. 1.5.1996 and further to pay Rs. 1,000 as amount of cost of litigation, etc., etc.

(2.) IT arises in the following circumstances:

(3.) THAT the complainant appellant had filed a complaint against the respondent Insurance Company before the District Forum -I, Jaipur on 24.5.1996 inter alia stating that he has got his shop insured with the respondent Insurance Company for the period 2.2.1995 to 1.2.1996 for a sum of Rs. 1,50,000. It was further stated in the complaint that on the intervening night of 27/28.8.1995 there was a heavy rain and the shop of the complainant appellant was situated at Ajmer Road, Jaipur and rainy water had entered in the shop and goods worth Rs. 60,000 were damaged and information of that incident was given by the complainant appellant to the office of the respondent Insurance Company on 28.8.1995 and it was further stated in the complaint that on the basis of that information Shri Arun Patni was appointed as surveyor by the respondent Insurance Company who had submitted his report on 15.10.1995 assessing the loss to the tune of Rs. 34,226.63, but even then, the claim was not settled and a registered notice was given by the complainant appellant on 15.4.1996 to the office of the respondent Insurance Company and thereafter on 22.4.1996 the respondent Insurance Company had informed the complainant appellant that another surveyor Shri Pramod Choudhary was appointed, who had assessed the loss to the tune of Rs. 18,100 and that amount was offered, but that amount was not found acceptable. Thereafter the present complaint was filed.