GOVIND AGRAWAL Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by Shri Govind Agrawal who is the original complainant challenging the order dated 28.9.2012 passed by Bihar State Consumer Disputes Redressal Commission, Patna in First Appeal No. 336/ 2011 whereby the State Commission partly accepted the appeal filed by respondent Nos. 1 and 2 and set aside the order passed by the District Forum on 6.6.2011 in Consumer ComplaintNo. 78/2010 and. modified the relief earlier granted by the District Forum. The order of the District Forum can be reproduced thus:

(2.) The aforesaid order of the District Forum was set aside and modified by the State Commission vide its impugned order in terms of the following directions:

(3.) Briefly stated, the facts relevant for disposal of this revision petition are that the petitioner insured his shop at Katihar with the respondent Insurance Company under "shop keepers insurance policy" for a sum of Rs. 3 lakh for the period from 19.2.2008 to 18.2.2009. During the period when the first policy was already in force, the petitioner/complainant took another policy for the same premises for the sum of Rs. 26,04,000 which was effective from 15.10.2008 to 14.10.2009 for covering risk of stocks in trade against fire and allied perils as also burglary and house breaking with hypothecation of the goods with respondent No. 3 Bank. In the night intervening between 16-17.10.2008, theft took place in the insured shop of the petitioner and after breaking the premises the thieves took away mobiles and laptop etc. worth Rs. 19,90,000. An F.I.R. was lodged with the local police station giving details of the articles stolen. The petitioner also informed the respondent Insurance Company and,the respondent Bank about the burglary committed in his shop. Reportedly the police recovered mobile sets worth Rs. 52,463 and accordingly the police filed charge sheet holding that the thieves had entered the shop by breaking ventilator and also through false ceiling.