NITIN PRINTERS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This petitioner M/s. Nitin Printers has challenged the order dtd. 25/10/2016 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short 'the State Commission') passed in First Appeal No.2715/2012 by way of present revision petition.

(2.) Brief facts of the case are that the complainant/petitioner herein is running a cloth shop under the name and style of M/s. Nitin Printers. For the said shop, complainant took a loan of Rs.2.00 lakhs from the SBI, Pilakhua, Dist. Ghaziabad and also took an Insurance Policy, through SBI, for the said shop from OP-1/respondent no.1 herein with following details. <IMG>JUDGEMENT_45_LAWS(NCD)7_2020_1.jpg</IMG>

(3.) On 8/2/2002 in the midnight, theft has taken place in the insured shop and the complainant has suffered the loss to the tune of Rs.2,78,403.00. On 13/2/2002, FIR has been lodged and the matter was reported to the bank. On 20/2/2002, police has submitted its final investigation report, which has been accepted by the Magistrate. On 26/9/2002, the OP/respondent has sent a letter to the complainant approving the claim amount of Rs.41,377.00. The complainant has initially filed a CC/197/2003 which has been dismissed in default on 25/4/2004 and the application seeking restoration of the complaint was also dismissed vide order dtd. 7/8/2006. Thereafter, the complainant has filed another CC/253/2012 before the District Forum Ghaziabad against the OPs seeking direction against the OP-1 to pay Rs.2,78,403.00 with interest @ 18% p.a. w.e.f. 8/2/2002 in favour of SBI + restraining the bank from initiating any recovery proceedings against the complainant + award of Rs.10,000.00 for mental agony and legal costs. The consumer complaint was allowed vide its order dtd. 10/10/2012.