P MARWAHA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) -Aggrieved and dissatisfied by the order of the State Commission Punjab Chandigarh in original complaint No. 59 of 1997, the appellants have filed this appeal.

(2.) The State Commission has held that: "Such disputed questions as already stated above cannot be adjudicated in the summary jurisdiction under the Consumer Protection Act when three dates of theft are being alleged by the complainant and details of stolen articles on such dates are not being made available. It cannot be said that the Insurance Company was deficient in rendering service. The complaint is dismissed, leaving the complainant to approach the Civil Court, if so advised." Case of the appellant

(3.) The appellants have failed to pin point the date of the loss. Subsequently, appellants have also failed to convince us the exact nature of the burglary, the exact dates of the burglary, the exact items which were stolen on different dates. Though, insurance company had appointed a Surveyor, the appellants could not give him the required information to arrive at an assessment of loss.