AZAD STORES Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act is directed against the order dated 31st August, 2000 rendered in Complaint No. 30/1994 directing the opponent to pay Rs. 18,285 towards the claim of the complainant with no order as regards the cost.

(2.) THE facts giving rise to the present appeal shortly stated are: that the complainant is having a business in the name and style of 'Azad Stores'; that he is the Proprietor of the said firm and doing business of selling books, stationery and other allied articles in Raikhad area in the City of Ahmedabad; that the complainant had obtained a 'shop keepers' policy from the opponent Insurance Company bearing No. 482 1020106624 for the period 9.5.1992 to 4.5.1993 and the sum insured was Rs. 1,00,000; that the communal riots broke out in the City of Ahmedabad and on 7.12.1992 a mob of about 1,000 to 2,000 persons looted the shop of the complainant taking away the stock in the shop as well as books of accounts, also damaging furniture that was in the shop; that the complainant filed a complaint with the police authority also stating that the stock worth Rs. 80 to 85,000 was looted/damaged by the rioters in the incident also damaging furniture; that the complainant filed the claim before the opponent Insurance Company claiming compensation on the basis of Insurance Policy, that the Insurance Company had appointed surveyor Shri Jatinbhai Bhimani who visited the shop verified and took photographs. It is stated that the complainant supplied all the necessary documents/information required by the Surveyor, but the Surveyor assessed the damage to the tune of Rs. 18,285 stating that the complainant did not furnish the requisite documents, also did not produce the books of accounts, stock register, etc. to suggest the stock on or around the date of incident in the complainant's shop. It is further stated that the complainant had furnished all the necessary documents and details and the Insurance Company unjustifiably offered Rs. 18,285 only which is grossly inadequate looking to the damage suffered and the documents supplied. According to the complainant he suffered damage to the tune of Rs. 99,125 including the stock looted and damage to the furniture.

(3.) THE opponent filed the reply and disputed the claim of the complainant also contending that the complaint is not maintainable. It is not denied that the complainant was doing business in the name and style as alleged and that the complainant had taken insurance of the 'shop keepers policy' and the policy was issued by the opponent for the period stated in the complaint for the amount of Rs. 1,00,000. It is also not denied that the communal riots had taken place in the City of Ahmedabad on 7.12.1992; that the complainant's shop was looted by the miscreants in the said communal riots, period of insurance also not disputed; that Shri Jatinbhai Bhimani was appointed as the Surveyor and had made the spot investigation and the complainant was informed by various reminders to submit copy of the FIR/stock register, purchase bills, vouchers, etc. relating to the furniture but the complainant did not co -operate and did not furnish the necessary documents/information/details to the Surveyor. It is denied that all the documents as required by the Surveyor were supplied by the complainant and as the complainant did not co -operate and furnish the necessary information/documents to enable the Surveyor to assess the loss, the Surveyor from the material available to him assessed the loss at Rs. 18,285. Thus in substance what the opponent says is that the complainant did not furnish stock register, documents, purchase vouchers, copy of the FIR, etc. and considering the material available with the Surveyor the loss has been assessed as above.