NEW INDIA ASSURANCE CO LTD Vs. SATVINDER KAUR

JUDGEMENT

(1.) This order shall dispose of both the Revision Petitions directed against the common order passed by the State Consumer Disputes Redressal Commission, Delhi disposing of two appeals. The facts are taken from Revision Petition No. 3532 of 2007.

(2.) Complainant/Respondent raised a loan under the Prime Minister Rozgar Yojna from the State Bank of Patiala, Respondent No.2 herein and started the Embroidery work on readymade garments in her premises. Respondent obtained a Shopkeepers Insurance Policy from the Petitioner Insurance Company for a sum of Rs.1 lakh against the risk of fire, theft etc. in the year 1998. On 13.12.98, a fire broke out in the premises and the entire stock of readymade garments of the value of Rs.1,26,765/-, furniture worth Rs.26,208 and other stock worth Rs.1,17,207 was burnt and destroyed. Police report was lodged. On being intimated, Petitioner appointed the Surveyor to assess the loss. Claim lodged by the Respondent was not settled on the ground that the Respondent did not co-operate with the Petitioner in furnishing the requisite documents in spite of several letters written to her to the that effect. Being aggrieved, Respondent filed the complaint before the District Forum in the year 2003.

(3.) Petitioner, on being served, entered appearance and filed its written statement. It was admitted that the Respondent had obtained a shopkeeper insurance policy for a sum of Rs.1 lakh and that a fire had broken out at the premises of Respondent on 13.12.98. That the Surveyor was appointed to assess the loss but loss could not be assessed due to non co-operation of the Respondent as she failed to furnish the required documents despite several letters written to her to that effect. That the complaint filed in the year 2003 was barred by limitation.