NEW INDIA ASSURANCE COMPANY LTD. THROUGH MANAGER LEGAL, TOWER Vs. RAMESH CHANDRA GUPTA S/O LATE MOHAN GUPTA, R/O MOHALLA MANGARWARI NAGAR, PANCHAYAT KACHERA, POST KACHERA, TALUPA, MAJHWAN, TEHSIL AND DISTRICT : MIRZAPUR UTTAR PRADESH

JUDGEMENT

(1.) New India Assurance Company Limited (for short "the Insurance Company"), Opposite Party in the Complaint, has filed this Revision Petition, questioning the correctness and legality of the order, dated 11.09.2013, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow (for short "the State Commission") in Appeal no.2642 of 2006. By the impugned order, the State Commission has affirmed the order, dated 15.09.2006 passed by the District Consumer Disputes Redressal Forum, Mirzapur (for short "the District Forum") in Complaint no.6 of 2003. By the said order, while allowing the Complaint filed by the Respondent herein, the District Forum had directed the Insurance Company to pay to the Complainant a sum of Rs.3,50,000/- along with interest @ 6% p.a. from the date of institution of the Complaint till realization. The said amount had been claimed by the Complainant from the Insurance Company towards the loss suffered by him on account of the fire at his shop on 07.09.2002.

(2.) The Complainant, who was engaged in the business of retail garments/cloth shop, under the name and style of "Shriram Vastralaya", in Village Magraha, had obtained from the Insurance Company a short term Standard Fire and Perils Policy, with extended coverage from 22.08.2002 to 19.11.2002. The assured sum under the policy was Rs.3,50,000/-. Unfortunately, in the wee hours of 07.09.2002, a fire broke out in the insured premises. The entire stock of goods, lying in the shop was destroyed. The Complainant informed the police about the fire on 09.09.2002. It was the case of the Complainant that information regarding the fire was given by the Bank, from where he had raised loan against the stocks, to the Insurance Company. The Insurance Company appointed a Surveyor, who, after conducting investigations, which included recording of statements of the villagers, furnished his report on 21.10.2002. In the meanwhile, the Complainant lodged his claim with the Insurance Company for indemnification of the loss, estimated at Rs.4,99,000/-, suffered by him on account of the said fire. Taking into consideration the report submitted by the Surveyor, vide his letter, dated 25.02.2003, the claim made by the Complainant was repudiated on the ground "forged claim lodged".

(3.) Being aggrieved, the Complainant filed the Complaint before the District Forum, praying for a direction to the Insurance Company to pay a sum of Rs.4,99,000/- as loss suffered by him on account of the fire, with interest @ 14.5% p.a., stated to have been paid by him to the Bank on loan amount.