ORDER

Heard Mr. B. K. Sen, learned counsel, appearing on behalf of the petitioner. Also heard Mr. B. K. Goswami, learned counsel, appearing for the respondent nos. 2 & 3.

2. The petitioner’s case is that the petitioner is running a cloth business of selling readymade garments at his shop, situated at Charakuri, Bipin Paul road, Ward No. 6, Post Officer-Karimganj in District Karimganj in a part of his residence. The petitioner has insured his shop premises with the Oriental Insurance Company, Karimganj Branch under Burglary-Standard Police Schedule dated 24.11.2022, for a sum insured of Rs. 20,00,000/- (Rupees Twenty Lac only). Accordingly, the petitioner has been paying premium of Rs. 7,080/- (Rupees Seven Thousand Eighty) yearly. It is contended that on 13.04.2023, the petitioner came to Guwahati, after keeping his shop premises under lock and key, however, on return from Karimganj from Guwahati on 17.04.2023, at about 10.00 AM, he found that some miscreants, by breaking down the lock and door of the shop, entered into the shop premises and stolen away various garments and cloths, amounting to approximately Rs. 6,00,000/- (Rupees Six Lac only) and accordingly, the petitioner filed an FIR dated 17.04.2023. After completion of investigation in connection with the Karimganj P.S. Case No. 285/2023, under Section 457/380 IPC, the police submitted the Final Report dated 31.07.2023 before the learned Chief Judicial Magistrate, Karimganj and the same was accepted by the learned CJM. It is the contention of the petitioner that in the aforesaid Final Report, there is a specific mention that as a result of the aforesaid theft, the petitioner has lost approximately garments valued at Rs. 6,00,000/-.

3. It is the case of the petitioner that the petitioner filed an application dated 17.04.2023 before the Branch Manager, Oriental Insurance Company, Karimganj (respondent no. 3), praying for the payment of loss that has been suffered by the petitioner due to the theft, as the petitioner’s shop premises is covered under the aforesaid policy no. 322601/48/2023/183. It is contended by the petitioner that in spite of submission of the aforesaid claim application, nothing has been done by the respondent no. 3. It is also contended by the petitioner that along with the claim application, the petitioner has also submitted a stock list of his shop dated 18.04.2023, amounting to Rs. 15,75,500/- along with the audit report dated 12.06.2024, issued by the Chartered Accountants, namely, S.B. Dutta. Being aggrieved with the non-response of the respondent no. 3, the petitioner filed a complaint before the Insurance Ombudsman, Guwahati, under Rule No. 16/17 of the Insurance Ombudsman Rules, 2017, vide complaint ref. no. GUW-G-050-2324-0157. The aforesaid complaint was heard by the Insurance Ombudsman, Guwahati, vide an award dated 20.03.2024, after hearing the parties, including the petitioner and the respondent authorities, vide Award No. IO/GUW/A/GI/0127/2023-2024, the Insurance Ombudsman, Guwahati, disposed of the complaint of the petitioner by directing to pay an amount of Rs. 78,750/- (Rupees Seventy-eight Thousand Seven Hundred) in favour of the complainant towards full and final settlement of the claim. Being aggrieved by such award, the petitioner has approached this Court, assailing the aforesaid award dated 29.03.2024.

4. Mr. B. K. Sen, learned counsel appearing for the petitioner submits that the petitioner, in spite of having all the materials about the loss of the petitioner due to the theft, the Insurance Ombudsman, Guwahati, only relied on the report of the Surveyor of the Insurance Company dated 15.03.2024, rejected the claim of the petitioner of Rs. 6,00,000/- and only a meagre amount of Rs. 78,750/-. He submits that while passing the aforesaid award dated 29.03.2024, the Insurance Ombudsman, Guwahati, has totally ignored and did not consider the final police report dated 31.07.2023 as well as the balance sheet, as at 01.04.2023 to 18.04.20