ORIENTAL INSURANCE COMPANY LTD Vs. PADMANABHA ACHARYA

JUDGEMENT

(1.) This appeal is by the Insurance Company which was opposite party before the Karnataka State Consumer Disputes Redressal Commission. State Commission allowed the complaint of the complainant-respondents by order dated 25.6.2001 and directed as under :

(2.) Complainant-Proprietor of M/s. Acharya Distributions was having three types of insurance policies which were taken from the appellant-Insurance Company and these were Shopkeepers Insurance Policy, Burglary Insurance Policy and Fire Policy 'B'. It was the case of the complainant that during the subsistence of these policies dacoity took place in his shop premises on 23.9.1995 which was committed by one Dr. Sridhar Holla and his accomplices. A complaint was lodged with the Policy Station who registered a case for offences under Sections 448, 143, 147, 506, 380 read with 149 of Indian Penal Code. Sections 380 and 506 of Indian Penal Code are reproduced hereunder :

(3.) Complainant's case was registered on 5.10.1995. It was submitted by Mr. Kishore Rawat, learned Counsel of the Insurance Company that no complaint was immediately filed with the police which created doubt on the veracity of the whole incident. It was also submitted that there was a business rivalry between the complainant and said Holla and that they were also having some business dealings in respect of which there were some litigations also between them. Mr. S.N. Bhat, learned Counsel for the complainants submitted that a complaint was sent to the police on 25.10.1995 and a copy of which had been brought on record.