NARENDER KUMAR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 14.2.2011 passed in First Appeal No. 129 of 2007 by Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') whereby the appeal filed by the OP/insurance company was accepted.

(2.) The complainant, Narendra Kumar, proprietor of M/s Aghi Pharma Agency obtained an insurance policy for his medicine shop for a sum of Rs.19,85,000/- for the period from 7.12.2012 to 6.12.2013. During the subsistence of the insurance policy, during intervening night of 30.9.2003/01.10.2003, a theft took place in the shop in question and the medicines worth Rs.82,996.50 was stolen by opening the upper shutter of the shop. The watchman of the market was also found murdered and the FIR was lodged accordingly. The insurance company was informed upon which the Surveyor of the company assessed the loss of the complainant to the tune of Rs.60,034/-, however, the claim was repudiated stating therein that "No signs of forcible entry have been persisted at the gate of shutter whereas the policy coverage was risk of Burglary and House Breaking Policy".

(3.) Being aggrieved by the unjustified repudiation, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Rohtak (in short, 'the District Forum').