NEW INDIA ASSURANCE CO LTD Vs. DINESH CHANDRA

JUDGEMENT

(1.) This is an appeal against the order dated 5.2.2003 passed by the District Forum, Tehri, Garhwal whereby the complaint of the complainant was allowed for recovery of Rs.40,000/- (Rupees forty thousand) against the appellant.

(2.) The brief facts of the case are that the complainant filed a complaint with the allegations that he had taken loan of Rs.57,000/- (Rupees fifty seven thousand) from the Bank for opening a shop of readymade garment and general store. He had to repay the amount of loan in 80 six-monthly instalments. He was paying the instalments regularly. In the evening of 29/30.1.1999, there was a theft in the shop of the complainant, in which articles worth Rs.42,778/- (Rupees forty two thousand seven hundred seventy eight) were stolen. The shop was insured. The claim was lodged with the Insurance Company but the Insurance Company repudiated the claim. Therefore, the complaint was filed for recovery of Rs.42,778/- (Rupees forty two thousand seven hundred seventy eight) and Rs.3,000/- (Rupees three thousand) was expenses of litigation.

(3.) It was also prayed in the complaint that the Bank should be directed not to recover the amount of loan from the pension of the father of the complainant till the amount is paid by the Insurance Company. Such a relief can neither be given by the Consumer Forum nor it has been granted by the learned Forum as well. Therefore, we need not enter into the merit of this relief.