LAWS(NCD)-2015-10-80

SHIV POOJAN VERMA S/O LATE B.L. VERMA, PROPRIETOR M/S. S.P.TRADERS, RESIDENT 43/106, CHOWK KANPUR UTTAR PRADESH Vs. NEW INDIA ASSURANCE CO. LTD. THROUGH BRANCH MANAGER, BRNACH OFFICE AT 133/242 TRANSPORT NAGAR, KANPUR UTTAR PRADESH AND

Decided On October 30, 2015
SHIV POOJAN VERMA Appellant
V/S
NEW INDIA ASSURANCE CO LTD ; STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Being aggrieved with the order dated 22.5.2007 of the Uttar Pradesh, State Consumer Disputes Redressal Commission, (in short 'the State Commission'), Shiv Poojan Verma, the petitioner has filed present revision petition. The appeal filed by the petitioner/complainant against the order dated 25.2.2002 of the District Consumer Protection Forum, Kanpur Dehat, (in short 'the District Forum') has been dismissed.

(2.) The petitioner's case is that he had taken the fire policy from respondent Nos.1 and 2 for his stock of papers etc. in goods shop i.e. M/s. S.P.Traders, Kanpur at 83 B Dadanagar, Kanpur. The fire broke out in the night of 5/6.02.1990, and the stock being of papers basically, everything got burnt. On information the respondent Nos.1 and 2/Opposite Parties sent one surveyor, Mr. Ashwani Gupta, who submitted his report on 28.08.1992, wherein net loss was assessed to the extent of Rs.1,43,698.53/-. However, no decision was taken by respondent Nos.1 and 2 and they appointed another surveyor Mr. S.D. Shukla to assess the loss. The surveyor Mr. Shukla again asked the original documents from the petitioner, but he was informed by the petitioner, that the documents were already taken by the earlier surveyor Mr. Ashwani Gupta and the same may be taken from him. When the claim was not settled for a long time, the petitioner filed a consumer complaint before the District Forum, which vide its order dated 25.2.2002 allowed the complaint and ordered as follows:

(3.) Aggrieved with this order of the District Forum, petitioner preferred an appeal before the State Commission, which was dismissed vide order dated 22.5.2007 by the State Commission.