MAHENDER KUMAR Vs. BRANCH MANAGER ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) In the complaint filed by Sri Mahendra Kumar against Branch Manager, Oriental Insurance Co., the District Consumer Forum, Saharsa, examined the claim under the existing insurance policy for settlement of the loss resulting from a theft, which took place on 30.3.2001. A police case was also filed against unknown persons. The insurance company did not settle his claim and hence the consumer complaint before the District Forum. The insurance company had appointed a Surveyor, who confirmed that this was a case of forcible entry by cutting the back door. He recommended Rs.49,269/- as against the estimated loss of Rs.6,34,090/- by the complainant.

(2.) The District Forum, however determined the loss suffered by the complainant Rs.4,48,714/- and decided that the Insurance Co./OP should settle the claim at Rs.250,000/- and in addition, pay Rs.50,000/- as compensation and Rs.1000/- as cost of litigation.

(3.) In appeal against this order, the State Commission did not agree with the findings and directions of the District Forum and limited the claim to Rs.49,269/- only, as per the recommendation of the surveyor. The Commission also allowed interest of 12% from the date the claim was made with OP and litigation cost of Rs.1000/-.