NATIONAL INSURANCE COMPANY LIMITED Vs. JAGESHWAR PANDEY

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against the judgment and order dated 15.12.1994 passed by District Consumer Forum, Unnao in Complaint Case No.49 of 1994.

(2.) Initially a complaint under Sec.12 of the Act was preferred with the allegation that the shop in question was insured with the opposite party, National Insurance Company Limited (hereinafter called the 'insurance Company') for the period 15.12.1988 to 14.12.1989 and the theft took place in the night of 16.17.2.1989. Subsequently, the matter was reported to the police by way of First Information Report (for short F. I. R. ). Although consequent to the investigation a final report under Sec.179, Cr. P. C. was submitted with the conclusion that the alleged F. I. R. was false and frivolous, yet the complainant being aggrieved moved a petition before the learned Magistrate who consequently ordered for re-investigation in exercise of powers conferred under Sec.173 (8), Cr. P. C.

(3.) The learned District Forum after taking into consideration the written statement and the complaint and hearing the submissions, passed the impugned order directing the opposite party No.1 to pay Rs.20,800/- within a period of one month along with interest @ 12% per annum.