UMESH CHANDRA SAHA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The present revision petition has been filed by Umesh Chandra Saha (hereinafter referred to as the 'Petitioner') against the order of the State Consumer Disputes Redressal Commission, Tripura (hereinafter referred to as the 'State Commission') in favour of National Insurance Co. Ltd. (hereinafter referred to as the 'Respondent').

(2.) The case of the Petitioner, who was the original complainant before the District Forum was that he had purchased one Shopkeeper's Package Policy on 30.01.2001 from the Petitioner/Insurance Company in respect of his shop premises which covered various types of risks including burglary and which was valid upto 29.01.2002. On the night of 26/27.12.2007 some unknown miscreants stole huge quantity of goods from his shop premises and the Petitioner accordingly lodged an FIR with the Police on 27.12.2001 itself. Petitioner also gave necessary intimation to the Respondent on that date. The police visited the premises for investigations on 28.12.2001 and one Nantu Das, representative of the surveyor appointed by the Petitioner also visited the premises and took photographs etc. and advised the Petitioner to meet the surveyor in his office. Petitioner accordingly met the surveyor and submitted his claim along with a large number of documents which included the police report, audited accounts for financial years 1999 to 2002, list of stolen goods, clearance certificates issued by banks and some original purchase memos. Petitioner also requested that the Respondent may settle his claim at Rs. 1,28,981/- being the loss suffered by him as a result of the burglary to enable him to run his business. The Police assessed the approximate value of the stolen goods at Rs. 1 lakh. However, the surveyor never visited the premises of the Petitioner but sent his representative to do so. Respondent settled the claim after several reminders at Rs. 17,905/- only against the claim filed by Petitioner of Rs. 1,28,981/-. Petitioner being aggrieved with this amount, pursued the matter with the Insurance Ombudsman, Guwahati who referred the matter back to the Respondent to deal with the matter fairly taking into account the loss of Rs. 1,28,981/-. However, Respondent did not pay any heed to the order of the Insurance Ombudsman and confirmed the settlement at Rs. 19,905/-.

(3.) Aggrieved by this order, Petitioner filed a complaint before the District Forum requesting that the Respondent be directed to pay him Rs. 1,28,981/- being the loss sustained due to the burglary of the insured premises with interest @ 18% per annum from 27.12.2001 to 09.10.2003, Rs. 1 lakh as cost of harassment and mental agony amount to a total claim of Rs. 3,02,718/-.