NATIONAL INSURANCE CO. LTD. Vs. RAJESH DABRA

JUDGEMENT

(1.) This revision petition has been filed by National Insurance Co. Ltd. against order dated 11.09.2013 of the State Consumer Disputes Redressal Commission, UP. (in short 'the State Commission')

(2.) The facts of the present case in short are that the complainant was running a Mobile shop in the name and style of Punjabi Mobile Gallery, Near Jagat Cinema at Begham Pul, Meerut, wherein the complainant is doing his business for the sale and repairs of mobiles for the last many years. The said shop was insured with respondent insurance company vide policy No.460700/48/05/9800000330. On the night of 26.10.2005 the lock of the shop was broken open by some unknown culprits and 75-80 mobiles of different companies were stolen due to which the complainant suffered the loss of Rs.5,00,000/-. The matter was reported to police station, Sadfar Bazar, Meerut on 27.10.2005 morning and the office of the respondent was also informed on the same day. After the investigation, the police filed the final report which was accepted by the court on 29.07.2007. The complainant lodged the claim with the insurance company. The Insurance Company appointed a surveyor, who found that the incident was correct, but the Insurance Company did not decide the claim. The claim was ultimately repudiated on 15.11.2007 on the basis that the complainant did not submit the purchase bills to the surveyor. Then, the complainant filed a consumer complaint before the District Forum, which decided the case on 18.06.2010 and ordered as follows:-

(3.) Aggrieved with the above order of the District Forum, the petitioner, Insurance Company filed an appeal before the State Commission, which vide its order dated.11.09.2013 decided the case as under:-