PRASANN SAHARE Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal challenging the order passed by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called "District Forum" for short) in Complaint Case No. 89/06 on 7.7.2007, whereby complaint of the complainant claiming Rs. 3,00,000 and some other amount was disallowed against the insurance company who insured the shop of the complainant against fire and flood, etc. and from whom the policy was obtained by the complainant to that effect.

(2.) SHORT facts of the case are that non - applicant was the insurer from whom the appellant obtained a policy against loss due to flood and fire or other cause which were mentioned in the policy itself. On the date of incident policy was effective as the period from 19.1.2005 to 18.1.2006 was covered under that policy and sum assured was Rs. 3,00,000. As per case of the complainant on 14.9.2005 there was heavy rain in Khairagarh and due to that heavy rain there was flood in the river. The flood water entered in the house and shop of the complainant. The complainant was running a photo studio and connected business in the premises. He was having Digital Camera, Video Camera, one Scanner, Printer, Computer, CPU and some other articles in the shop, which were useful for the purpose of business of complainant Prasann Sahare. In the morning complainant found that water of flood entered inside the shop and the shop was submerged in the flood water and water has filled inside shop upto the height of 8 ft. to 9 ft. Due to effect of the flood water the articles which were kept in the shop have flown and complainant suffered heavy loss. Then he preferred claim for compensation of that loss, before the insurance company who in turn appointed a Surveyor to assess the loss. The Surveyor found that the story of loss due to flood water entering in the shop does not inspire confidence and suggested the insurance company to disallow the claim. The insurance company on the basis of Surveyor's report repudiated the claim of complainant. Then complainant filed complaint before the District Forum under Section 12 of Consumer Protection Act, 1986 .

(3.) LEARNED District Forum after considering averments of both parties and documents filed, has ultimately found that the case is not proved in favour of the complainant and so dismissed the complaint. Now the complainant has approached this Commission by way of this appeal.