ANKUR SURANA Vs. UNITED INDIA INSURANCE CO., LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner who was the original complainant against the order dated 18th April 2012 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Circuit Bench no. 3 at Jaipur (in short, 'the State Commission'), by which the State Commission had allowed the appeal filed by respondents against the order dated 22.02.2010 passed by the District Consumer Disputes Redressal Forum, Ajmer (in short, 'the District Forum) and set aside the order of the District Forum.

(2.) The factual matrix of this case are like that the petitioner had insured his godown no. 644 with the insurance company of the respondents. The godown caught fire on 15.04.2007 and according to the petitioner he suffered a loss of Rs.25,23,552/-. The insurance company got the investigation done through a surveyor and allowed the claim of Rs.14,76,264/- and also made payment thereof to the petitioner. It is the case of the petitioner that the surveyor did not treat the goods worth Rs.6,59,459/- belonging to the petitioner but treating these goods to be of Surana Associates, a sister concern company of the petitioner and rejected the same and stated that transferring the entire goods had been made with an intention to make the claim. Accepting the plea made by the petitioner, the District Forum vide its aforesaid order allowed the complaint and held that the insurance company had not produced any evidence in addition to the report of the surveyor and under these circumstances, it could not be admitted that the complainant/petitioner had not purchased goods from the Surana Associates. The Order of the District Forum read as under:

(3.) Aggrieved by the order of the District Forum, the insurance company filed an appeal against the same before the State Commission which allowed it and set aside the order of the District Forum.