ORIENTAL INSURANCE COMPANY Vs. GOSIA CLOTH HOUSE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 1.8.1997 passed by District Consumer Forum, Rae Bareilly in Complaint Case No.280/1995.

(2.) The facts of the case stated in brief are that the complainant has claimed a sum of Rs.1,85,640.99 as compensation and for future damages. According to the complainant he is the owner of M/s. Gosia Cloth House, Furzatganj, Rae Bareilly and was doing cloth business. He got shop insured for one year which was in force from 5th of June, 1987 to 4th June, 1988. A policy was also issued to the complainant. At the time of insurance, furniture worth Rs.15,000/-, cloths worth Rs.1,05,000/- thus totalling Rs.1,20,000/- was in stock in the shop. The insurance was for a sum of Rs.1,20,000/-. During the night of 14th/15th April, 1988 a fire broke out in the shop of which he got the information at his residence and when the complainant reached the shop he found it was damaged by fire. He informed the Police Station, Nazirabad District Rae Bareilly on 15.4.1988. An information was also sent to the Insurance Company as well as bank.

(3.) The Insurance Company appointed a Surveyor Sri B. K. Kapoor for assessment of the loss. Sri Kapoor submitted his report but this fact was never told to the complainant. On 27.12.1988 the complainant has put forward a claim alongwith all the required papers. He had filed copy of policy, copy of NCR, balance sheet of 1986-87 from December, 1986 to March, 1987. He also provided the monthly statement from April, 1987 to March, 1988 including a list of unburnt cloth.