LAWS(NCD)-2016-9-74

ASHOK KUMAR AGRAWAL @ ASHOK CHETAN PROPRIETOR M/S VARIETY, D.B ROAD, SAHARSA, P.S DISTRICT : SAHARSA BIHAR Vs. REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY & 2 ORS. PATNA BIHAR

Decided On September 19, 2016
Ashok Kumar Agrawal @ Ashok Chetan Proprietor M/S Variety, D.B Road, Saharsa, P.S District : Saharsa Bihar Appellant
V/S
Regional Manager, Oriental Insurance Company AndAmp; 2 Ors. Patna Bihar Respondents

JUDGEMENT

(1.) - This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 12.08.2015, passed by the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred to as the State Commission ) in Appeal No. 317/2011, The Regional Manager, the Oriental Insurance Co. Ltd. Vs. Ashok Kumar Agrawal @ Ashok Chetan , vide which, while partly allowing the appeal, the order dated 28.04.2011, passed by the District Consumer Disputes Redressal Forum, Saharsa in Consumer Complaint No. 10/2010, filed by the present petitioner, allowing the said complaint, was modified.

(2.) The facts of the case are that the complainant, Ashok Kumar Agrawal @ Ashok Chetan is the owner of a firm called 'Variety, D.B. Road, Saharsa' and is in the business of selling clothes. The complainant obtained an insurance policy from the opposite party (OP) Oriental Insurance Co. Ltd. for the period 24.08.2007 to 23.08.2008 for an assured sum of Rs. 20 lakhs for risk against burglary, house-breaking, stocks and cash etc. It is stated that there was theft in the said shop in the intervening night of 08/09.08.2008 for which, a case no. 355/2008 dated 09.08.2008 was registered with the local police under Sec. 379 of the IPC. It has been alleged in the consumer complaint that there was theft of Rs. 25,824.00 of cash from the safe and counter and Sarees worth Rs. 1,32,435.00 were also stolen, making a total loss of Rs. 1,58,259.00. The complainant filed the consumer complaint in question, demanding compensation for the cash and Sarees alleged to have been stolen along with compensation for deficiency in service and loss of business etc. and the total amount claimed was Rs. 4,33,259.00.

(3.) In their reply before the District Forum, the OP Insurance Company stated that they had appointed a surveyor Anuj Kumar, who carried out the necessary survey and submitted report. The surveyor visited the shop on 23.08.2008 and asked the complainant to submit the account books etc., but the account books and other documents were not made available to the surveyor for 16 months. The complainant submitted the claim form also after 10 months of the final report submitted by the police in the matter. The OP Insurance Company maintained that the figures of loss quoted in the consumer complaint did not find mention in the FIR, or in the statements given during police investigation. As per the report of the surveyor, the claim of the complainant for Rs. 24,959.00 was found to be in order, but the complainant refused to receive that amount.