GAYATRI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 7.2.2004 in Complaint No. 454/2002 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) dismissing the appellant s complaint.

(2.) IT was averred in the complaint that she had obtained a household insurance policy from the respondent/insurer covering the risk of the articles mentioned in the schedule to the said policy, for the period from 14.12.2001 to 13.12.2002. It was further averred that complainant/appellant had gone out, to Mahasamund on 24.1.2002 and returned to Durg on 30.1.2002. On return, she found that the T.V., which was placed on a stand near the window, was lying on the floor and was damaged. The matter was reported to the dealer M/s. Madhyani T.V. Fridge and Radio s who intimated the complainant that T.V. was fully damaged and could not be repaired. The complainant also intimated the incident to Development Officer of the respondent/insurer on 2.2.2002. The Surveyor Narendra Bagga was appointed by the respondent/insurer who also found that the T.V. was totally damaged. The complainant also reported the matter to Police Station, Durg. The respondent/insurer, assured the complainant that her claim would be processed and finalized. But, despite the pursuance of the matter by the complainant, the claim was not settled. The complainant also served legal notice dated 14.9.2002 to the respondent/insurer. Ultimately by letter dated 23.9.2002, the complainant s claim was repudiated by the respondent/insurer on the ground that the T.V. was not covered by the policy. The complainant, therefore, approached the District Forum and filed the complaint.

(3.) THE proceedings of the complainant in the District Forum, disclose that the respondent/insurer, though served with notice, did not make its appearance and did not file written version.