K.S.GUPTA, P.D.SHENOY
Union Bank of India – Appellant
Versus
Annu Vastralaya – Respondent
K.S. Gupta, Presiding Member—Challenge in this revision is to the order dated 19.4.2007 of M.P. State Consumer Disputes Redressal Commission, Bhopal, allowing appeal against the order dated 2.12.2004 of a District Forum with direction to the petitioner to pay amount of Rs. 1,00,000/- to respondent No. 1 within 45 days failing which this amount has to carry interest @ 9% p.a. from the date of order. The District Forum had dismissed the complaint.
2. In nutshell, the facts leading to the filing of complaint by respondent No. 1/complainant are these: Respondent No 1 a cloth merchant had taken loan from the petitioner/opposite party No. 1-Bank against hypothecation of stock of cloth of Rs. 1.00,000/-. Since 1998 onwards, the petitioner had been taking shopkeeper’s insurance policy on behalf of respondent No. 1 from respondent No. 2/opposite party No. 2-Insurance Co. for a sum of Rs. 1,00,000/-. Insurance was lastly taken on 15.2.2003 for a period of one year up to 13.2.2004. Insurance for the previous year 2002-2003 had expired on 16.1.2003. It was alleged that during the period from 17.1.2003 to 14.2.2003, theft took place in respondent No. 1’s shop and cloth worth Rs. 1,25,000/-
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