BHUWAL RAM Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 28.04.2012 whereby the State Commission Uttar Pradesh allowed the appeal of the respondent / insurance company against the order of the District Forum and dismissed the complaint.

(2.) The petitioner has been running a kiryana shop at Chandpura Darul Hafis Galla Mandi. He had taken a loan of Rs.47500/- for his kiryana business from Bank of Baroda Mau Branch. The bank while advancing the loan had insured insurance of the shop. During October 2005 communal riots took place in the area and rioters looted petitioner's shop for which FIR was lodged with the police. Case of the petitioner is that in the communal riots his shop was looted resulting in loss of Rs.1.00 lakh to him. The insurance claim was submitted. Respondent insurance company closed the file as 'no claim'. This led to filing of consumer complaint before District Forum Mau.

(3.) The respondent / opposite party in its written statement admitted the insurance of shop. However, it was pleaded that no loss was caused to the petitioner but the petitioner taking advantage of looting and arson during riots has filed a false insurance claim. According to the respondent opposite party, an independent surveyor was appointed who submitted a detailed inquiry report. The respondent insurance company repudiated the claim on the ground of non providing of following information by the complainant: