Court No. 1 Complaint No. 2010/16 M/S Shri Rajendra Mobile Point Having Office Address at

1 & 2 Oxford Tower, Nr. Janta Ice Cream, Gurukul Road, Memnagar, Ahmedabad-52. …Complainant Vs (1) The New India Assurance Co. Ltd.

Claim Hub Ahmedabad Regional Office, 401, 4th Floor, Popular House, Ashram Road, Ahmedabad- 380009.

(2) The New India Assurance Co. Ltd.

DO code 212300, 2nd Floor, Neptune House, Mithakhali Six Road, Ahmedabad. …Opponents CORAM : Hon’ble Mr. Justice V. P. Patel, President Hon’ble Ms. A. C. Raval, Member APPEARANCE : M. V. Patel, Ld. Advocate for the complainant Darshil Parikh for V. P. Nanavaty, Ld. Advocate for the opponent Order by Mr. Justice V. P. Patel, President.

1. Complainant has filed this complaint under Section 17(1) of the Consumer Protection Act, 1986 against the opponent for the deficiency in service and non-payment of damages under the shopkeeper’s policy.

2. Heard Ld. Adv. Mr. M. V. Patel for the complainant and Ld. Adv.

Mr. Darshil Parikh for the Ld. Adv. V. P. Nanavaty for the opponent. Perused the record of the case.

Facts of the case

3. C omplainant is a proprietary firm and has purchased shopkeeper’s insurance policy from the opponent. The policy was renewed from time to time, lastly it was renewed under policy no. 212300/48/07/34/00001587 for the period 6/8/2008 to 5/8/2009. During the validity of the period of policy, the theft with burglary of various companies mobile have been taken place on 31/01/2009 at about 10 a.m. they have informed the police authority and registered the FIR at Vastrapur Police Station. The police has prepared panchnama. During the investigation, it was found that in the theft, various companies mobile of worth Rs.33,88,453/- have been stolen. They have informed the opponent insurance company. Insurance company has appointed surveyor Mr. Bharat Soni who has given preliminary report. After 20 days another surveyor Mr. Kairav Shah was appointed then Mr. Upendra shah was appointed as surveyor after 1 year of incident. He has submitted the report. The opponent requested to settle the claim. There have awaited over 13 months. The complainant has inquire about his claim, but surprisingly received the repudiation letter dated 12/03/2010 through courier. It is stated in the repudiation letter that their claim is rejected as said incident occurred does not fall in the terms of burglary and/ or house breaking shall mean theft involving entry into or exit from the insured premises by forcible and violent means. That the opponent have not provided survey report and document therefore they have served legal notice dated 15/03/2010 through email to the opponent insurance company. The said notice was not responded.

3.1 It is further said that due to non-settlement of claim, the complainant had to suffer economically. That the cheque were return back and the complaint under Section 138 of the Negotiable Instrument Act have been launched against the complainant. That on another side the police authority have issued final investigation report under Section 173 of the Criminal Procedure Code that no accused were arrested. It is further stated insurance company has wrongly repudiated the claim therefore cause of action has been arisen against the insurance company. Therefore they have filed the complaint before this Commission.

3.2 The complainant has prayed amount of Rs.30,00,000/- being maximum sum insured covered under the loss with 18% interest from the date of incident. The complainant has also prayed for Rs.1,00,000/- a special compensation for humiliation mental agony, hardship, harassment and Rs.50,000/- for litigation cost.

Defence of the opponent

4. The notice was served to the opponent insurance company. They have appeared through the Ld. Adv. and filed written statement at page no.77 to 88. It is stated in the wr