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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Justice P.S. Rana, (R) President, Mr. Vijay Pal Khachi, Member.
Netra Hardware Store - Appellant
Versus
Sbi General Insurance Company Ltd. - Respondent
First Appeal No. 116 of 2018
Decided On : 19-12-2018
Consumer Protection Act 1986 - Insurance Claim - 12, 15 - The court discussed the provisions of the Consumer Protection Act 1986, specifically section 12 and section 15, and their application to an insurance claim dispute. The court highlighted the interpretation of the insurance policy, the definition of burglary, and the jurisdiction of the District Forum in entertaining consumer complaints.
Fact of the Case:
The complainant, a hardware shop proprietor, filed a consumer complaint under the Consumer Protection Act 1986, seeking compensation for loss sustained due to theft of iron rods and alleging deficiency in service by the insurance company. The District Forum dismissed the complaint, leading to the appeal before the State Commission.
Finding of the Court:
The State Commission found in favor of the complainant, holding that the insurance company was liable to pay the assessed amount for the stolen iron rods, along with interest and compensation for mental agony and harassment. The court also ordered the insurance company to pay litigation costs to the complainant.
Issues: The issues involved determination of the validity of the appeal, interpretation of the insurance policy, assessment of the burglary claim, jurisdiction of the District Forum, and the limitation period for filing the consumer complaint.
Ratio Decidendi: The court emphasized that the insurance policy covered the forcible and violent entry into the fenced business activity premises, and the definition of burglary included such entry. The court also clarified the jurisdiction of the District Forum and the limitation period for filing consumer complaints.
Final Decision: The appeal was partly allowed, setting aside the District Forum's order and directing the insurance company to pay the assessed amount for the stolen iron rods, along with interest and compensation for mental agony and harassment. The court also awarded litigation costs to the complainant.
ORDER
P.S. Rana (R) President. - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 16.12.2017 passed by Learned District Forum in consumer complaint No.79/2017 titled M/s. Netra Hardware
2. Complainant filed consumer complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant is running hardware shop at village & P.O. Sunhet Tehsil Dehra and is proprietor of shop. It is pleaded that complainant insured his stocks with opposite parties for a sum of Rs. 1000000/-(Ten lac). It is pleaded that during intervening night of 11.12.2016 and 12.12.2016 iron rods were stolen from enclosure locked with iron wire from all sides and FIR No.0187 dated 12.12.2016 was lodged in police station Dehra (District) Kangra (H.P). It is pleaded that complainant sustained loss to the tune of Rs. 300000/-(Three lac). It is further pleaded that claim was submitted before opposite parties but opposite parties did not settle the claim and committed deficiency in service. Complainant sought relief of payment of Rs. 300000/-(Three lac) as loss sustained by him. In addition complainant sought relief of Rs. 100000/- as compensation for mental harassment and tension. In addition complainant sought relief of payment of Rs. 70000/- (Seventy thousand) for unfair trade practice. In addition complainant sought relief of payment of Rs. 15000/-(Fifteen thousand) as compensation for visiting various places and for various correspondences. In addition complainant sought relief of Rs. 10000/-(Ten thousand) as litigation costs. Prayer for acceptance of consumer complaint sought.
3. Per contra version filed on behalf of opposite parties pleaded therein that iron rods were stacked outside the shop in open and were not stacked in the shop of complainant in violation of terms and conditions of insurance policy. It is pleaded that as per terms and conditions of the insurance policy opposite parties are not legally liable to indemnify the complainant. It is pleaded that opposite parties appointed surveyor namely Shri R. Khanna and Associates and surveyor did not recommend the payment. It is pleaded that present consumer complaint is not presented within limitation. It is pleaded that complainant could not be allowed to take benefit of his own wrong and laxity. It is further pleaded that learned District Forum has no jurisdiction to entertain the consumer complaint. It is pleaded that opposite parties did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.
4. Complainant filed rejoinder and reasserted the allegations mentioned in the complaint. Learned District Forum dismissed the consumer complaint. Feeling aggrieved against order passed by Learned District Forum complainant filed present appeal before State Commission.
5. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully.
6. Following points arise for determination in present appeal.
1. Whether appeal filed by appellant is liable to be accepted as mentioned in memorandum of grounds of appeal?
2. Final order.
Findings upon point No.1 with reasons:
7. Complainant Shri Ashish Thakur Proprietor M/s. Netra Hardware store filed affidavit in evidence. There is recital in affidavit that deponent insured his stocks with opposite parties. There is recital in affidavit that during the intervening night of 11.12.2016 & 12.12.2016 iron rods were stolen from locked enclosure iron wire from all sides and FIR No.0187 dated 12.12.2016 was registered in police station Dehra. There is recital in affidavit that complainant sustained loss of Rs. 300000/-(Three lac). There is recital in affidavit that intimation was given to opposite parties but opposite parties declined the claim of complainant as no claim vide letter dated 28.12.2016.
8. Complainant also filed affidavit of Shri Kaur Chand Up-Pradhan of Gram Panchayat Chudher. There is recital in affidavit that complainant is
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