LAWS(NCD)-2017-2-54

KRISHNA RAM R/O VILLAGE CHIRAUNJIIA, P. O. NAWADA, P. S. GARHWA, DISTT. GARHWA, STATE Vs. NEW INDIA INSURANCE CO. LTD. DALTONGANJ (MEDINANAGER), DISTT. PALAMAU

Decided On February 23, 2017
Krishna Ram R/O Village Chiraunjiia, P. O. Nawada, P. S. Garhwa, Distt. Garhwa, State Appellant
V/S
New India Insurance Co. Ltd. Daltonganj (Medinanager), Distt. Palamau Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Krishna Ram assailing the order dated 15.12.2006 (the actual date is 13.12.2006) of the State Consumer Disputes Redressal Commission, Jharkhand, Ranchi (hereinafter referred to as "the State Commission") passed in Appeal No.327/2005 & Appeal No.262/2005.

(2.) Brief facts of the case are that the petitioner/complainant being an unemployed youth took a loan of Rs.80,000.00 under Prime Minister Rozgar Yojna (PMRY) from OP-2, State Bank of India for starting business of readymade garments. The stock kept in the shop of the complainant was insured by the bank with OP-1, New India Assurance Company Ltd. The Insurance Company insured the stock and shops vide policy No.4854090123470 valid from 103.1999 to 11.03.2000. As per the complainant, a theft was committed in the shop on 29.09.1999 and all the stock was stolen. The complainant/petitioner lodged an FIR on 30.09.1999, but police did not register the FIR. On the instruction of Superintendent of Police, the FIR was finally registered on 25.10.1999. However the police filed the Final Report (FR) in the case. The complainant also informed the Insurance Company and the Insurance Company appointed a surveyor. The surveyor submitted his report. The complainant lodged insurance claim of Rs.80,000.00 with the Insurance Company vide claim No.48/540901/99-01/02, but the Insurance Company did not settle the claim. Thereupon the complainant filed a consumer complaint before the District Consumer Disputes Redressal Forum, Garhwa(hereinafter referred to as "the District Forum") for a claim of Rs.1,62,000.00 being Complaint No.73 of 2003. The District Forum vide its order dated 11.02004 dismissed the complaint.

(3.) Aggrieved with the dismissal of his complaint by the District Forum, the complainant preferred an appeal before the State Commission bearing Appeal No.85/2004. The State Commission vide order dated 02.12.2004 remanded the case back to the District Forum for deciding afresh. Vide its order dated 21.07.2005, the District Forum dismissed the claim against the OP-1, Insurance Company and restrained OP-2, the State Bank of India from recovering any amount from the complainant.