NATIONAL INSURANCE COMPANY LTD. THE DIVISIONAL MANAGER. NATIONAL INSURANCE CO. LTD. P.S. WEST AGARTALA WEST BENGAL Vs. AMRESH SAHA PRO. OF M/S. RAJ LAXMI TEA HOUSE S/O. SHRI. H.L. SAHA SHIBNAGAR, AGARTALA P.S. EAST AGARTALA WEST TRIPURA BENGAL

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 8.12.2008, passed by the Tripura State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in FA No. 18/2008, Amresh Saha Vs. Divisional Manager, National Insurance Company & Ors. , vide which, while allowing the appeal, the order dated 28.01.2008, passed by the District Forum, Agartala in Consumer Complaint No. CPA-28/2003 filed by the present respondent Amresh Saha, dismissing the said complaint, was set aside.

(2.) Briefly stated, the facts of the case are that the complainant/respondent Amresh Saha is a wholesale dealer of tea leaves and milk products and his shop premises were situated at Maharajganj Bazar of Agartala and he was doing his business for the last 10 years under the name and style of M/s. Raj Laxmi Tea House. The complainant obtained a shop-keepers' insurance policy bearing No. 98/9804229 from the opposite party (OP)/petitioner National Insurance Company Limited for his shop at Gurpatti, M.G. Bazar, Agartala. The sum insured under the said policy was Rs. 3.75 lakh, which included Rs. 3.5 lakh for the stocks in trade, and the said policy was valid from 19.09.98 to 18.09.99. The Policy is in the name of Amresh Saha himself and the address given in the policy is Gurpatti, M.G. Bazar, Agartala, Tripura. The complainant obtained another policy having No. 1999/9805086 for the period from 08.06.99 to 07.06.2000 for a sum assured of Rs. 8 lakh, which included Rs. 7.5 lakh for stock in trade. The second policy is in the name of M/s. Raj Laxmi Tea House and the address in the said policy has been given as 'Proprietor Amresh Saha, Gurpatti Agartala Tripura'. It is stated that on the intervening night of 17.07.99 and 18.07.99, the fire incident occurred at about 1:00 AM in the said Maharajganj Bazar, especially in Gurpatti area and as a result, the shop of the petitioner was gutted down in the fire, causing huge damage and loss to him. The matter was reported to the Police Station at M.G. Bazar, TDP GDE 370 dated 18.07.99. The complainant filed claim with the insurance company, but the same was repudiated by them, saying that the shop located at Stall No. 2 was affected by fire, but there was no damage to the shop located in Gurpatti area. The case of the complainant is that the second insurance policy had been taken for the stocks in the second shop at Stall No. 2, whereas the case of the respondent Insurance Company is that the shop located at Stall No. 2 had not been insured at all. The insured filed the consumer complaint in question, claiming compensation of Rs. 12 lakh from the OP Insurance Company, which included the assured sum of Rs. 8 lakh under the second policy and the interest and compensation for harassment and litigation cost etc. In their reply before the District Forum also, the Insurance Company took the stand that the shop damaged in the fire had not been insured.

(3.) The District Forum, after taking into account the averments of the parties, concluded that the shop located in the Gurpatti Area was insured vide both the insurance policies, bearing No. 98/9804229 and 1999/9805086. Since the complainant had failed to prove that another shop located in the Stall No. 2 lane was insured, his complaint was ordered to be dismissed. Being aggrieved against the said order, the complainant challenged the same by way of an appeal before the State Commission, which was allowed vide impugned order 08.12.2008. The State Commission concluded that the second policy bearing No. 1999/9805086 had been taken for the shop situated at Stall No. 2 lane and hence, the insurance company was liable to pay the claim for the damage done due to fire. The State Commission directed that a sum of Rs. 7,07,945.00 be given as compensation to the complainant along with interest @9% p.a. from the date of filing the complainant. Being aggrieved against the order of the State Commission, the Insurance Company is before this Commission by way of the present revision petition.