NEW INDIA ASSURANCE CO LTD Vs. SHANTI DEVI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 14.8.2002 passed by the District Forum, Uttarkashi whereby the complaint of the complainant was allowed for recovery of Rs.20,000/- along with interest at the rate of 9 per cent.

(2.) The brief facts of the case are that the complainant Smt. Shanti Devi has opened a Parchoon Shop after taking loan from the Bank. The Bank has released only a part of the loan amounting to Rs.31,500/-. It did not release Rs.18,500/-. The State Bank while giving the loan has got the insurance of the shop for Rs.60,000/-. On 14/15.5.2001 there was a storm and a tree fell down on the shop. It was reported to the Insurance Company. The Insurance Company appointed the Surveyor who came to survey the shop and assured that she shall be paid the loss. In spite of letters dated 6.6.2001 and 18.7.2001, the Insurance Company did not pay any compensation. The Insurance Company on baseless grounds has detained the payment. This is deficiency in service of the Insurance Company. The complainant is unable to pay the debt of the Bank. In para 13 of the complaint it was alleged that the complainant has suffered financially and mentally due to deficiency in service by O. P. No.1, i. e. , Insurance Company. She filed the complaint for relief against Insurance Company only for a sum of Rs.60,000/- along with interest. No relief whatsoever has been asked for against the State Bank which is O. P. No.2.

(3.) The Insurance Company filed the written statement and admitted the insurance of the shop on 20.4.2001 for a sum of Rs.40,000/-. It alleged that on receipt of the information on 22.5.2001 a Surveyor was sent to survey the shop but in spite of letters of the Surveyor dated 6.6.2001, 18.7.2001 and 11.9.2001 the complainant did not produce any papers to the Surveyor. She did not co-operate in the investigation. By letter dated 12.9.2001 she was again called for to produce the papers but no paper was produced during the investigation. It was revealed that only a loss of Rs.2,023/- was caused to the complainant. Her total stock was of Rs.3,678/- only. The complainant is entitled to receive the compensation of Rs.2,023/-. There is no deficiency of service on the part of the Insurance Company. The complaint was liable to be dismissed.