PRABODH J. KOTHARI Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE complaint of the revision petitioner, Mr Prabodh J. Kothari (hereinafter referred to as the complainant or RP) was partly allowed by the District Consumer Disputes Redressal Forum, Mumbai. But, it was dismissed in the order of the Maharashtra State Consumer Disputes Redressal Commission which allowed the appeal of the Oriental Insurance Company Ltd, (hereinafter referred to as the OP or respondent). This revision petition is therefore, filed by the complainant, challenging the order of the State Commission.

(2.) THE consumer dispute in these proceedings had arisen from an incident of house breaking and burglary. The loss, according to the complainant, was of Rs.18,16,192.00 which included a claim of Rs.16,96,092.00 towards loss of jewellery. The OP admitted the claim partly and paid Rs 31,186.00 only. The failure of the OP to allow the full claim of the complainant under the House holder 's Insurance Policy, led to filing of the consumer complaint. The District Forum considered the case of the two sides and directed the OP to pay an additional sum of Rs 13,38,429.00 together with interest and compensation. The view taken by the District Forum was that -

(3.) AS already noted the State Commission allowed the appeal of the OP and set aside the award of the District Forum on two grounds. First, that the complaint was filed in 2007 when the claim related to a burglary of 2001. Secondly, that there was no deficiency of service. The Commission has observed that -