ORIENTAL INSURANCE CO LTD Vs. KHEMANI ELECTRONICS

JUDGEMENT

(1.) THIS is an appeal against the Order of the Consumer Disputes Redressal Commission, Chandigarh, by which the Complaint Sled by the present respondent, M/s. Kemani Electronics against the present appellant, M/s. Oriental Insurance Co. Ltd. was allowed and the liability of the Insurance Co. was fixed at Rs. 52,363/-. The amount of loss was arrived at by the Surveyor, J.L Jain & Co. As the Insurance Co. had not cared to settle the claim of the complainant for more than 20 months, it allowed the Complainant interest at the rate of 12% w.e.f. 12th February, 1990 i.e. After the expiry of three months from the date of cause of action as that period was considered to be good enough for settling the claim. The Insurance Co. is aggrieved of that Order and has filed the present appeal.

(2.) THE facts are that the respondent is having a repair shop of electronic goods viz. T.V. sets, V.C.Rs, V.C.Ps. etc in Sector 22, Chandigarh. On the night of 12/13th November, 1989 the shop of the complainant was burgled. On the morning of November 13,1989 when the complainant came to his shop, he found that Bp the lock of his shop had been tampered with. The first thing which he did was to lodge an F.I.R. with the police. The respondent had obtained Insurance Policy from the Insurance Co. which was valid from 5th August, 1989 to 4th August, 1990. The nature of risk covered and description of the amount is as follows:

(3.) IT may be mentioned here that the police investigations failed to trace the culprits and on 11th January, 1990 they filed the case "untraced ".