NABA KISHORE SAHOO Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present Appeal has been filed against the order dtd. 30/9/2014 of the State Consumer Disputes Resdressal Commission, Orissa (for short "the State Commission") in Complaint No.114 of 2009 whereby the Complaint of the Appellant (hereinafter referred to as "the Complainant") was dismissed having no merit.

(2.) The brief admitted facts of the case are that the Complaint had insured his jewellery shop in the name and style of "Nababhai Jewellery" at Arnapurna Market Complex near Sharma Square, Talcher which was valid from 12/6/2007 to 11/6/2008. At about 2:45 a.m. on08.04.2008, shutter of his shop was broken. Miscreants took away certain gold and silver ornaments which according to the Complainant were worth Rs.20.00 Lakhs. The watchman of the shop namely Srimukha Sahoo informed the Complaint about the incident and also reported him that the miscreants were having deadly weapons and had also covered their faces with black clothes and out of fear he could not offer any resistance. A complaint was lodged. An FIR was registered at Police Station Colliery, Talcher. A Constable visited the shop and reported that the gold and silver ornaments which were kept in the display counter were taken away by the miscreants but the miscreants could not break open the lock, no theft had taken place from the locker. On the same day, around 12 noon, a scientific team along with higher police officers came at the shop and the locker was opened by the Complainant. The Complainant also filed his claim with the Insurance Company, i.e. the Respondent which did not settle his claim and hence, a Complaint was filed. In the Complaint, the Complainant had stated that the ornaments which were on display and the ornaments which were on counter/drawer were looted. It was contended in the Complaint that the locker of the shop was opened by the police and the locker was opened in the presence of the Complainant. It has been contended that since the Insurance Company had failed to settle his claim, it amounted to deficiency in service and claimed that he be awarded claimed amount of Rs.31,59,895.00 along with interest from the date of filing of the Complaint till the date of payment.

(3.) The claim was contested by the Respondent Insurance Company wherein they have taken several contentions and had taken the plea that as per the exclusion clause no.12, the articles stolen from the window display and kept out of safe after visiting hours were not covered under the policy.