ORIENTAL INSURANCE CO. LTD. Vs. SATISH RATANCHAND BORA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 17.10.2011 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (in short, 'the State Commission') in Consumer Complaint No. 19/2008 Mr. Satish Ratanchand Bora Vs. The Oriental Insurance Co. Ltd. by which, complaint was allowed.

(2.) Brief facts of the case are that complainants/respondent is carrying business in retail sale of jewellery and silver wares at his shop known as M/s Ratanlal Bora Saraf & Jewellers at Kalkai Chawk, Shrigonda, Ahmednagar. He has obtained "Jeweller Insurance Policies" from opponent/appellant Insurance Company for the sum of Rs.1,10,00,000/- from 28.11.2006 to 27.11.2007. Policy covers the insurance of properties such as stock and stock in trade consisting of jewellery and gold or silver ornaments, articles etc. In the night of 27.06.2007 at about 7.00 P.M. 15 to 20 unknown persons entered his shop, broke the counter and show case glass with hammer and looted, ransacked and decamped with gold & silver articles along with cash total amounting to Rs.87,43,500/-. Immediately FIR was lodged. Complainant immediately intimated about the same to the Insurance Company and submitted the claim of Rs.87,43,500/- on 28.6.2007 with all necessary documents. That, Development Officer of opponent company Mr. Sable inspected the shop on 28.6.2007, appointed Mr. Bhansali surveyor to assess the loss and he was supplied with all requisite documents on 18.8.2007. Again one Mr. Inamdar was appointed as investigator by opponent company who inspected the shop and obtained requisite information and documents. Inspite of repeated letters, claim was not settled. Legal notice was issued on 22.5.2008 in response to which, cheque of Rs.13,44,000/- was sent by OP which was accepted under protest. Copy of charge-sheet was supplied to OP on 11.7.2008. It was further submitted that surveyor assessed net loss of Rs.44,81,009/- much less from loss claimed and surveyor calculated loss on lesser rate of gold and silver whereas, as per terms & conditions of policy, complainant is entitled to 10% extra or actual cost. It was further submitted that surveyor has wrongly deducted amount of Rs.21,61,045/- which is outstanding since 2006 whereas, complainant submitted list of creditors along with income tax returns for the year 2006-07 and 2007-08. Alleging deficiency on the part of OP, complainant filed complaint for claim of Rs.99,99,000/-.

(3.) Op resisted complaint and submitted that complainant is not consumer; so, complaint is not maintainable. It was further submitted that complainant accepted Rs.13,44,000/- without any protest; so, complaint was not maintainable. OP asked complainant to submit final investigation report for settlement of claim, but that was not submitted; so, there was no deficiency on their part and prayed for dismissal of complaint. Learned State Commission after hearing both the parties observing policy for Rs.1,10,00,000/- allowed complaint and directed OP to pay balance Rs.71,00,000/- with 6% p.a. interest and further directed to pay Rs.10,000/- for mental agony and Rs.2,000/- as cost of litigation against which, this appeal has been filed along with application for condonation of delay.