RAJINDER SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The main allegation by the appellant-complainant before the District Consumer Disputes Redressal Forum, Fatehgarh Sahib (hereinafter called the District Forum) was that he had insured auto spares lying in his shop, namely M/s. Rajdhani Motors, Near Railway Crossing, G. T. Road, Rajpura for Rs.1,00,000/- with the New India Assurance Co. Ltd. through its Branch Manager, Guru Nanak Colony, Rajpura, the opposite party for a period from 8.10.1996 to 7.10.1997. A theft took place in his shop on 1.3.1997. The police and the opposite party were informed about the theft. The opposite party did not pay even a penny to the complainant for the assured amount. The opposite party had contested the complaint and had stated that no theft as alleged by the complainant at all took place. Even the police also did not register any case of theft. After taking into consideration the whole matter, the District Forum, held that the matter raised in the complaint involved complicated question of fact and law and thus the remedy of the complainant lies before the Civil Court. The complaint was thus dismissed.

(2.) We also do not find any merit in this appeal filed by the complainant. He has alleged the theft of the articles insured took place but the police on verification found that no theft had taken place. The opposite party has also stated in its reply that no theft as alleged had taken place. It is stated in the reply by the opposite party that in fact the complainant had a property dispute with one Dharam Singh who wanted to get the shop vacated from the complainant. In any case, as already observed by the District Forum, complicated disputed questions of fact and law are involved in the matter and thus the right course for the appellant-complainant would have been to approach any other appropriate Court. In these circumstances, we do not find any merit in this appeal, which is dismissed.