The main legal point established in the judgment is that the delay in settling the claim and the negligence in service by the Insurance Company entitled the Complainant to compensation under the Consumer Protection Act, 1986.

ORDER :

Mr. Ramesh Bawri, Senior Member-The case of the Complainant before the learned District Forum was that he is a reputed businessman dealing with all kinds of hardware goods under the name and style of M/s. Hanuman Hardware Store, Wahthapbru, G.S. Road, Shillong. The Complainant had insured his shop under the Shopkeepers Insurance Policy with OP No. 3 vide Policy Certificate bearing Insurance Policy No. 322406/2004/44/1094 dated 26.3.2004 with validity period up to 25.3.2005. That on the night of 18.9.2004, some miscreants broke into the shop premises of the Complainant and stole a huge quantity of hardware goods, paints, building material and money. The miscreants had also damaged the goods and furniture in the shop and an FIR was lodged with the officer-in-charge 29 Cantonment Police Beat House, Shillong. OP No. 3 was informed by the Complainant about the incident on 19.9.2004. OP No. 3 appointed Mr. S. Das Purkayastha as a Surveyor and carried out a detailed investigation on the spot. Required documents were produced before him in original and he made an inventory of the stock after burglary and asked the Complainant to submit the Claim Form along with documents. On 30.9.2004 the Complainant submitted the Burglary Claim Form, Xerox copy of the FIR lodged with the Police, copy of the Policy document, amount claimed against theft, extract of stock register indicating the total value of stock, inventory stock after theft, list of total value of the stock after burglary, copies of invoices, bills, cash memos, consignment note and other vouchers, copy of Income Tax Return filed with ITO, copies of sale tax return filed with Superintendent of Taxes, copies of trading licence and copies of the photographs taken by the Police. The Police submitted the final report under Sections 457/380, IPC as true but no clue and a copy was given to OP No. 3 on 29.8.2005. On 1.9.2005 and 12.9.2005 the Claimant had written reminders to OP No. 3 to which there was no response. Under the Insurance Regulatory and Development Authority it was mandatory for OP No. 3 to complete investigation and release the amount within 30 days but in the instant case the OP had failed to do so. On 22.9.2005 the Surveyor of the OP had asked the Complainant to submit the estimate of loss, Audited Trading Account, Profit and loss Account, Balance Sheet with income tax return for the financial year 2001-2002, 2002-2003 and 2003-2004, Audited Trading Account, Profit and loss account, Balance sheet for the period 1.4.2004 to 18.9.2004, Sale Tax return for the last six years, Purchase Memo for the period 1.4.2004 to 18.9.2004, Stock Register up to 18.9.2004, Monthly bank stock statement for the last one year, Inventory of stock before loss 18.9.2004, Police Report, Filled up Claim Form and License copy. The Complainant in response to the above had furnished the documents required on 23.9.2005. On 15.11.2005 the Complainant had written a reminder again to OP No. 3 and a legal notice was issued on 6.8.2006. OP No. 3 did not reply to the legal notice issued by the Complainant. Due to negative and casual attitude of OP No. 3, the Complainant had to file a Complaint and claimed as follows:

2. The OPs filed joint show-cause on 18.4.207. The OPs admitted that information about the burglary on 18.9.2004 in the Complainant’s shop was received on 19.9.2004. On 20.9.2004, Mr. S. Das Purkayastha, BE, Surveyor and Loss Assessor went to the shop of the Claimant and made a preliminary report of burglary claim. It was observed that the shop was ransacked and materials were lying sc