LIGHTWALAS Vs. BANK OF INDIA

JUDGEMENT

(1.) M/s Lightwalas, the complainant, transacts the business of fancy lights etc. Its proprietor Lokesh Gupta took a hypothecation limit for his stock from the company and insured them from Bank of India-OP-1. The National Insurance Company Limited-OP-2 issued the policy. The goods were stolen on 29.10.2009, during the night time, by breaking shutter. The FIR was lodged on 01.11.2009. Culprits could not be arrested and goods could not be traced. The complainant made a claim in the sum of Rs. 3.5 lakh. The Insurance Company estimated the value to be just Rs.46,000/-.

(2.) The District Forum partly allowed the complainant and ordered the Insurance Company to pay Rs.46,242/- with 10% interest 10.06.2010 and costs of Rs.10,000/- for physical, mental and economic losses and complaint expenses in the sum of Rs.1,000/-. The appeal filed by the complainant was dismissed. Before the State Commission it was argued that the surveyor report should be rejected because it is fraudulent and rejected the claim of the complainant on the basis of their bills. It was also urged that the complainant had provided all the bills and documents to the surveyor. The State Commission, too, dismissed his appeal.

(3.) All these arguments carry no conviction. Both the Fora have held that even those items which were not provided in the F.I.R., were allowed by the surveyor. On the contrary, it was found that the complainant did not keep accounts properly. Counsel for the petitioner has invited our attention towards the report of the surveyor. He contended that he has filed the survey report on the record. We have gone through the surveyor's report. Its relevant paras are reproduced here as under:-