NEW INDIA ASSURANCE COMPANY LTD Vs. RABINDRA NARAYAN

JUDGEMENT

(1.) APPELLANT herein, who was the Opposite Party before the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred to as 'the State Commission' for short), has filed this First Appeal against the Order dated 31.8.2005 passed by the State Commission in Complaint No. 5 of 2005 whereby the complaint of the appellant has been allowed.

(2.) BRIEFLY stated, the facts of the case are:

(3.) RESPONDENT lodged an F.I.R. with Shashtrinagar Police Station on 29.12.2001 vide P.S. Case No. 761/2001 alleging that theft/burglary was committed in the premises where the computers and its accessories were fitted. Complainant informed about the theft to the Branch Manager, Bank of Maharashtra, Patna Branch. The Bank lodged a claim under the above said Insurance Policy with the appellant on 29.12.2001. Spot Surveyor was appointed by the appellant who visited the spot and found the occurrence of theft to be true and recommended payment of the insurance amount to the appellant. In spite of repeated demands and legal notice claiming Rs. 14,74,250 with interest @17% which the Bank was charging from the complainant, by the complainant, the appellant did not settle the insurance claim of the complainant. Thus, being aggrieved, respondent filed a complaint before the State Commission alleging deficiency in service and slackness on the part of all the opposite parties.