PRIYA GOPAL STORES Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS revision is directed against the order dated 28.3.2007 of State Consumer Disputes Redressal Commission, Tripura dismissing appeal against the order dated 13.9.2006 of a District Forum whereby complaint filed by the petitioner was dismissed.

(2.) IN nutshell, the facts giving rise to this revision are these. Petitioner who has been dealing in all kinds of stationery goods, had purchased a shopkeeper's policy for the period from 5.2.2001 to 4.2.2002 in respect of the stock in the shop also covering the risk of fire from the respondent/opposite party -Insurance Company. On the intervening night of 12th -13th February, 2001, fire broke out in the shop. Petitioner alleged that in the fire stock worth Rs 10,46,344.85 along with fixtures and fittings were destroyed. Insurance Company was intimated of the occurrence on 13 2.2001. Company appointed a Surveyor. On claim not being settled, the petitioner filed complaint which was contested by the Insurance Company, inter alia, alleging that despite repeated requests the petitioner did not file the requisite documents and due to non -cooperation of the petitioner, the claim could not be settled. Complaint was disposed of with certain directions to both the parties by the District Forum by the order dated 3.1.2005. Against this order, the petitioner filed appeal which was disposed of by the State Commission by the order dated 28.1.2005 against which order the petitioner filed revision petition which was disposed of by this Commission by the order dated 15.5.2006. After this order, the complaint was dismissed by the District Forum by the aforesaid order dated 13.9.2006. Appeal against this order field by the petitioner was dismissed by the State Commission by the order dated 28.3.2007 under challenge.

(3.) SUBMISSION advanced by Shri B.K. Bhattacharjee for the petitioner is that the respondent Insurance Company should have settled the claim within two months of the submitting of the report by the Surveyor. Insurance Company had asked for production of certain documents by the petitioner after more than a year and it was thus deficient in service and the orders passed by Fora below being legally erroneous and deserve to be set aside. Reliance was placed on the decision in United India Insurance Co. Ltd. v. M.K.J. Corporation, 1996 3 CPJ 8 . It may be noted that by the aforesaid order dated 3.1 2005, the petitioner was directed by the District Forum to produce income -tax assessment orders for the period 1.4.2000 to 31.3.2001, profit and loss account, trading account and balance sheet for the same period, sale and purchase vouchers, etc. for the same period, to the Divisional Manager of the Insurance Company at Agartala within a month and the Insurance Company was thereafter to settle the claim within two months. Liberty was given to the petitioner to approach the Forum in case the petitioner felt aggrieved by the decision taken by the Insurance Company. This direction was not interfered by the State Commission in the appeal filed by the petitioner. Revision against State Commission's order dated 28.1.2005 was disposed of by this Commission by the date 15.5.2006 in following terms: