I C SHARMA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE complainant purchased a house holder insurance policy from the opposite party -Oriental Insurance Co. Ltd., for the first time on 13 -12 -2000. According to the complainant at the time of taking the policy on 13 -12 -2000, he did not submit any schedule detailing the properties which were got insured. The policy, however, was got renewed every year, till the year 2008 -09. On 22 -12 -2003 the complainant submitted a list of articles which were covered under the aforesaid policy. The breakup of the insured items as per the schedule dated 22 -12 -2003 was as under: <FRM>JUDGEMENT_145_LAWS(NCD)9_20141.htm</FRM>

(2.) AFTER submitting the proposal dated 22 -12 -2003, no other schedule of the insured articles was submitted by the complainant to the insurance company.

(3.) A theft took place in the house of the complainant between 27 -01 -2008 to 30 -01 -2008 in his absence. An FIR was duly lodged with the police on 31 -01 -2008. The police, however, submitted an untraced report on 20 -06 -2008. Since the insurance company had also been informed of the theft, a surveyor was appointed to verify the claim and assess the loss to the insured. Though the complainant submitted a claim for Rs.4,03,150/ -, he was informed by the Divisional manager of the insurance company that the claim had been passed only for Rs.3,500/ -. The aforesaid amount was later enhanced to Rs.29,929/ - A cheque for a sum of Rs.29,929/ - was sent to the complainant but he refused to accept the said cheque. Being dissatisfied with the amount offered to him the complainant approached the concerned District Forum by way of a complaint, seeking insurance claim of Rs.4,03,150/ - along with interest from the date of the claim till the date of payment. He also sought compensation amounting to Rs.1,00,000/ - for his harassment and a sum of Rs.20,000/ - towards the cost of litigation.