UNITED INDIA INSURANCE CO. LTD. Vs. CHETAN RANA

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 (the "Act") against the Haryana State Consumer Disputes Redressal Commission, at Panchkula ("State Commission") dtd. 9/10/2017 in FA No. 772/2016 dismissing the Appeal filed by the Petitioner/OP and affirmed the District Consumer Disputes Redressal Forum, Kaithal (District Forum") order dtd. 15/7/2016 which partly allowed the complaint.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the complainant, are that he is engaged in the business of manufacturing lead-acid batteries for earning his livelihood under a proprietorship firm named and styled as M/s. Chetan Electronics, at VPO Pharal, District Kaithal. He purchased an Air Testing Machine from Industrial Automation, Rajpura for Rs.6,00,000.00 vide bill dtd. 9/11/2013. This machine was financed by OP-2 and, at the time of availing the loan, OP-2 got the said machine insured with OP-1 vide Policy No.110705/11/13/11/00000265, valid from 17/12/2013 to 16/12/2014. During the midnight of 15/16/7/2014, a sudden fire broke out in the complainant's unit and, as a result, the Air Testing Machine along with other battery charger machines and five batteries were completely destroyed. The complainant informed the OPs about the incident and lodged a DDR at Police Station Pundri on 20/7/2015. Thereafter, the complainant lodged a claim with OP-1. However, OP-1 repudiated the claim. Alleging deficiency in service against the OPs, the complainant filed a consumer complaint before the District Forum seeking insured amount of Rs.6,00,000.00 along with compensation of Rs.3,00,000.00 towards grave mental and physical harassment and Rs.55,000.00 litigation costs.