STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/1262/2018 UNITED INDIA INSURANCE CO.

PRESENT ADDRESS - SCO NO. 123-124, SECTOR 17-B, CHANDIGARH. ,HARYANA.

.......Appellant(s)

Versus M/S GARG ELECTRONICS AND FURNITURE PRESENT ADDRESS - KHEDI ROAD, UNIT NO. 198/19/19/3, INDIA COMPLEX, GREATER, FARIDABAD. ,HARYANA.

.......Respondent(s)

BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT:

MR. NITIN GUPTA, COUNSEL FOR APPELLANT.

FOR THE RESPONDENT:

NONE FOR THE RESPONDENT.

DATED: 13/02/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 06.112018 Date of final hearing: 13.02.2026 Date of order: 13.02.2026 First Appeal No.1262 of 2018 IN THE MATTER OF:-

United India Insurance Company Limited, 5-R/5, Above Aastha Eye Centre, Neelam Chowk, Faridabad through its Divisional Manager, now represented through the duly authorized signatory of Regional Office, SCO No. 123-124, Sector-17B, Chandigarh.

...Appellant Versus M/s Garg Electronics & Furniture, situated at Khedi Road, Unit No. 198/19/19/3, India Complex, Grater Faridabad, through its partner Mr. Satish Garg.

…..Respondent CORAM: SH. S.P. SOOD, JUDICIAL MEMBER.

SH. S.C. KAUSHIK, MEMBER Present:- Mr. Nitin Gupta, counsel for appellant.

None for the respondent.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER:-

In present appeal No.1262 of 2018; legality of order dated 12.09.2018 passed by learned District Consumer Disputes Redressal Forum, Faridabad (In short “District Consumer Commission”) in complaint case No.249 of 2017 has been assailed; vide which complainant’s complaint has been allowed.

2. Factual Matrix: Mr. Satish Garg being partner of the firm M/s Garg Electronics and Furniture obtained ‘Shopkeepers Insurance Policy’ from OP valid from 10.04.2016 to 09.04.2017 and also took ’Money Insurance’, among other insured items. As per plea, complainant was assured by OP that as and when any loss occurs to the insured stock/money insurance, the insurer will make up for the loss. On 07.04.2016 at about 08:45 P.M. complainant closed his office and took Rs.83,100/- from the cashier for depositing it in the bank on the next day and then complainant put the said money into his briefcase and put it in the Dicky of his vehicle No. HR-29Z-2315 and properly locked the said vehicle and for watching his showroom went towards the back side. When he returned back after a few minutes, he found that unknown persons had run away with his briefcase after breaking the driver window glass. Complainant immediately informed the Police Station, Bhupani regarding the said incident. FIR No. 126 dated 28.04.2016 was lodged. After investigating into the matter, police filed its untraced report under Section 173 Cr.P.C. On 08.04.2016 complainant wrote a letter regarding the said incident to OP, but no response was received by him. Complainant again sent reminder on 14.10.2016 for settlement of his claim. Complainant received a letter dated 06.02.2017 from OP mentioning therein that ‘your claim file is closed as No Claim as the loss falls beyond the coverage under the policy’. As per plea, his claim falls under the policy condition No. III- money insurance and according to the relevant clause of this policy condition the company will indemnify the insured. Complainant served legal notice dated 17.03.2017 to OP but to no avail. By alleging deficiency in service on the part of OP, complainant filed the complaint. 4. Upon notice, OP raised contest and submitted that the insurance company has rightly and validly repudiated the subject claim vide its letter dated 06.02.2017. Complainant firm intimated the OP in writing about the occurrence dated 08.04.2016 stating that the culprits broke the driver side door glass of his vehicle and removed a briefcase containing cash of Rs.83,100/- from the Dicky of car No. HR-29Z-2315. OP deputed an independent and IRDA licensed surveyor to assess the loss, if any. During the survey, it was fou