- (1.) THIS is complainant s appeal against the order dated 28.8.2004 passed by the District Forum, Nainital in consumer complaint No. 62 of 1994. Vide the impugned order, the District Forum, has partly allowed the consumer complaint and directed the opposite party -Insurance Company to pay sum of Rs. 35,505, in addition to sum of Rs. 1,06,516. which the complainant had already received, to the complainant together with interest @ 12% p.a. from the date of filing of the consumer complaint till 26.12.2000 and @ 8% p.a. on sum of Rs. 35.505 including the aforesaid interest for the period from 1.10.2003 till the date of actual payment and Rs. 1,500 towards litigation expenses.
(2.) THE facts of the case, in brief, are that Smt. Shanti Joshi is the proprietor of M/s. New Television Centre, Haldwani and deals in the goods like television sets, electrical goods, etc. The shop was insured with The New India Assurance Company Limited for the period from 30.10.1992 to 29.10.1993 for sum of Rs. 3,40,000 against the perils like fire and theft. In the night between 6th/7th August, 1993, the said shop was burgled by some miscreants. The incident was reported to the police and an FIR was lodged with the police. The Insurance Company was also intimated. The complainant had assessed the loss to the tune of Rs. 2,73,629 on account of the said theft. The Insurance Company deputed an investigator who, after making a thorough investigation, assessed the loss at Rs. 1,06,516. The Insurance Company settled the claim of the complainant accordingly and issued a cheque for the aforesaid amount, but the complainant refused to accept it and filed a consumer complaint before the District Forum, Nainital. The District Forum, disposed of the consumer complaint vide its order dated 26.12.2000, with the direction that the claim be settled under the provisions of the Arbitration and Conciliation Act, 1996. The complainant filed an appeal against the said order before this Commission. This Commission, vide its order dated 14.7.2003 passed in Appeal No. 182 of 2002, set aside the District Forum s order and remanded the case back to the District Forum with the direction that the case be decided afresh in accordance with law. In compliance of the Commission s direction, the District Forum disposed of the consumer complaint afresh vide its order impugned dated 28.8.2004 in the above manner. Feeling dissatisfied with the order passed by the District Forum, the complainant has filed this appeal.
(3.) WE have heard the learned Counsel for the parties and perused the material placed on record. There is no dispute in respect of the genuineness of theft, insurance of the goods/stock kept in the shop, etc. The only dispute is on the point of the compensation awarded by the District Forum. The District Forum, after going through the evidences, concluded that the report of the Surveyor cannot be disbelieved, as it did not find any material which may show that the Surveyor has erred in assessing the loss. We also went through the report and other material available on record. The best way of assessing the loss in the instant case would have been as follows: (i) Opening stock as on 1.4.1983. (ii) Purchases made during the period from 1.4.1983 to 6.8.1993. (iii) Purchase value of the stock sold out during the above period. (iv) Closing stock as on 6.8.1993 [i.e. (i) + (ii) (iii)]. (v) Stock found in the shop alter the incident, i.e., left over stock, (vi) Loss - [(iv) -(v).;