VEENA DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition has been filed by Veena Devi(hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Bihar(hereinafter referred to as the 'State Commission') in Appeal No.127/2000 in favour of National Insurance Co.Ltd.(hereinafter referred to as the 'Respondent').

(2.) The facts of the case according to the Petitioner/Complainant are that she had got her bookshop insured with the Respondent/Insurance Company for a sum of Rs.2 lakhs from 22.04.1996 to 21.04.1997 under the Shopkeepers' Insurance Policy. On 16.08.1996 due to heavy rains, water entered into the shop and extensively damaged books valued at Rs.77,000/- as also fixtures and furniture worth Rs.5,000/- causing loss to the Petitioner. Petitioner therefore, filed a claim with the Respondent/Insurance Company who appointed a Surveyor to assess the loss. According to the Petitioner, an inspection of the premises was conducted, the list of books damaged was given in writing to Surveyor but despite this, the Respondent/Insurance Company repudiated the claim on the ground that the Surveyor had reported that the Petitioner did not cooperate with them and insulted them and only later submitted Xerox copies of certain invoices which prima facie appear to be not genuine. The Respondent/Insurance Company, therefore, did not settle the claim. Aggrieved by this, Petitioner filed a complaint before the District Forum on grounds of deficiency in service and requested that Respondent/Insurance Company be directed to pay the Petitioner, Rs.77,000/- for damaged books and Rs.5,000/- for damage to furniture and fixtures etc.

(3.) The District Forum after hearing both parties allowed the complaint by observing as follows: