NEW INDIA ASSURANCE CO LTD Vs. NOVELTY PALACE

JUDGEMENT

(1.) THE present Revision Petition arises out of the judgment dated 21.7.2004 passed by the State Consumer Disputes Redressal Commission, Haryana, Chandigarh (hereinafter referred to as 'the State Commission' for short) in First Appeal No. 1790 of 2000 whereby the State Commission dismissed the appeal filed by the petitioner. The brief facts leading to filing of this Revision Petition are as under:

(2.) ON 13.3.2000, the respondent intimated the petitioner about the loss due to fire on 12.3.2000 in its premises and requested the petitioner to appoint a Surveyor to assess the damages. Petitioner, accordingly, appointed Shri O.P. Madan to carry out the survey and to assess the loss suffered by the respondent. Surveyor by its report dated 27.3.2000 stated that there was no ignition, no fire flames, no continuity of burning of clothes, no ash and, thus, the loss was beyond the scope of the policy as there was no fire. However, without prejudice to the terms and conditions of the policy, the Surveyor made a detailed item -wise assessment for replacement of holed portion of ceiling cloth. Surveyor assessed the loss at Rs. 7,800. The petitioner after examining the report of the Surveyor and taking into consideration the scope of the policy along with the terms and conditions, repudiated the claim of the respondent by its letter dated 11.4.2000.

(3.) AGGRIEVED by the Order of repudiation of the claim, the respondent field a Claim Petition before the District Consumer Disputes Redressal Forum, Sirsa (hereafter referred to as 'the District Forum' for short). The petitioner filed its detailed reply. Thereafter, the parties filed their respective evidence by way of affidavit. The District Forum allowed the complaint of the respondent and directed the petitioner to pay a sum of Rs. 1,18,650 along with interest @ 12% from the date of institution of the complaint till the realization of the amount. A sum of Rs. l 100 as cost of litigation was also awarded to the respondent.