CHUNILAL JEWELLERS Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant, M/s. Chuni Lal Jewellers against the order of the State Commission dismissing the complaint giving liberty to the complainant to agitate his claim before the appropriate Forum.

(2.) Brief facts of the case are that the appellant had obtained a Jewellers Block Insurance for Rs. 71 lakh (Rs. 70 lakh property for insured on premises and Rs. 1 lakh for cash and currency notes). There was a robbery in the shop of the complainant on 26th May, 1993. The complainant preferred a claim of Rs. 42,44,992/- against which claim was settled by the respondent for Rs. 31,61,200/-. It is for the payment of balance amount that the complaint was filed alleging deficiency in service on which both the parties were heard and State Commission dismissed the complaint and directed the complainant to agitate his claim before the appropriate Forum as the examination of the claim shall involve production of both oral and documentary evidence and various conditions of the policy involving elaborate discussion. Inference was that this cannot be dealt with in the summary procedure adopted by Consumer Forums. Counsel for the respondent remaining absent it was decided to proceed with the case ex parte.

(3.) It was argued by the learned Counsel for the appellant that the State Commission erred in not dealing with the case on merits. On merits his case is that the assessment of the Surveyor appointed by the respondent Company is based on average method, whereas the loss should have been assessed on market price. Methodology adopted for assessment by the Surveyor is wrong and cannot be sustained.