NATIONAL INSURANCE CO LTD Vs. DEEPAK LODHA

JUDGEMENT

(1.) Aggrieved by the order dated 20.05.2019 in First Appeal No. 1315 of 2015 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short "the State Commission"), the National Insurance Company Limited (hereinafter referred to as "the Insurance Company") preferred this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act"). By the impugned order, the State Commission has concurred with the finding of the District Consumer Disputes Redressal Forum, Bhilwara (in short "the District Forum") and dismissed the Appeal.

(2.) This is the second round of litigation as initially the Consumer Complaint was decided by the District Forum vide order dated 23.11.2012 and the Insurance Company was directed to pay an amount of Rs.11,74,000/- to the Complainant and on Appeals preferred by both the parties before the State Commission, there was a direction by the State Commission to the Insurance Company to pay an amount of Rs.7,74,897/- as the Complainant had signed the discharge vouchers and the matter was remanded back to the District Forum to decide the following issues:

(3.) The facts in brief are that the Complainant took a Shop keepers Insurance Policy covering the period from 25.01.2011 to 24.01.2012 for a sum of Rs.15,00,000/-. While so, in the intervening night of 22.05.2011/23.05.2011, on account of short circuit all the stock of medicines, surgical equipment, furniture and computers and other items were burnt and Insurance Claim was immediately made but despite several visits, it was not settled. Thereafter, vide letter dated 15.03.2012 the Insurance Company assessed the loss at Rs.7,74,897/- without any basis despite the Complainant having furnished to the Insurance Company the stock register, computer hard disk and other documents required by it.