UNITED INDIA INSURANCE CO. LTD Vs. BHRIGURAM MONDAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29.4.2008 passed by West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in S.C. Case No. 203/A/2007 United India Ins. Co. Ltd. Vs. Mr. Bhirguram Mondal & Anr. by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/respondent no. 1 was carrying on its business of selling battery under the name "Debdut Battery" and had also taken loan from OP no. 2/Respondent no. 2. Complainant insured the stock-in-trade for Rs.4,00,000/- with OP no. 1/petitioner. On 16.12.2004, due to short- circuit, fire broke out and insured goods destroyed in the fire. Complainant intimated to OP no. 1 and OP no. 1 appointed surveyor for assessing loss. Surveyor conducted survey on 22.12.2004. Later on, complainant came to know that OP has made payment of Rs.79,058/- to OP no. 2 from whom complainant had taken loan and this amount was adjusted against his loan amount without his consent and knowledge, whereas loss was caused to the tune of Rs. 4,00,000/-. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP no. 1 resisted complaint and submitted that they asked complainant to receive payment of the claim, but as he did not respond, amount was deposited with the bank. OP no. 2 filed written statement and acknowledged receipt of the aforesaid amount. Leaned District Forum after hearing both the parties directed OP no. 1 to pay additional amount of Rs.2,90,000/-. Petitioner filed appeal before learned State Commission and learned State Commission vide impugned order partly allowed appeal and modified order of District Forum and directed OP no. 1 to pay Rs.2,21,000/- instead of Rs.2,90,000/- against which, this revision petition has been filed.

(3.) None appeared for the respondent no. 2 and he was proceeded ex-parte.