LAWS(NCD)-2017-12-86

IFFCO TOKIO GENERAL INSURANCE CO LIMITED THROUGH ITS AUTHORISED REPRESENTATIVE Vs. SAINI GARMENTS MODEL TOWN VILLAGE KRIPALPUR

Decided On December 07, 2017
Iffco Tokio General Insurance Co Limited Through Its Authorised Representative Appellant
V/S
Saini Garments Model Town Village Kripalpur Respondents

JUDGEMENT

(1.) The complainant/respondent is running a shop under the name and style of 'Saini Garments'. He obtained an insurance policy for insurance of the goods kept in his shop. A fire is alleged to have broken out in the shop of the complainant on 15.4.2014, causing financial loss to the complainant. A claim was lodged with the insurer but the claim was repudiated vide letter dated 30.12.2014.

(2.) It is not in dispute that a fire had actually taken place in the shop of the complainant/respondent on 15.4.2014. The only dispute between the parties is as regards to quantum of loss suffered by the complainant in the aforesaid fire. The claim was not paid on account of the failure of the complainant to furnish documents proving quantitative details of the stock held on the date of loss.

(3.) On a perusal of the record, I find that the complainant filed Balance Sheet for the F.Y. 2011-2012 (A.Y. 2012-2013), which matches with his Income Tax Return (ITR) for the aforesaid period. The Balance Sheet filed by him for the F.Y. 2012-2013, however, does not match with his ITR for the F.Y. 2012-2013 (A.Y. 2013-2014). In the Profit & Loss Account for the F.Y. 2012-2013, the complainant disclosed the net profit to be Rs.306826/- whereas in the ITR for the aforesaid period is gross total income was declared to be Rs.226000/-. This clearly shows that a manufactured balance sheet was produced by him before the surveyor for the F.Y. 2012-2013.