- (1.) THIS is complainant's appeal against the order dated 28.8.2004 passed by the District Forum, Nainital in consumer complaint No. 63 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. 13,432, in addition to sum of Rs.40,292, 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.13,432 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 late Sh. K.N. Joshi was the proprietor of M/s. New Television Centre, Haldwani, dealing 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. 2,20,469 on account of the said theft. The Insurance Company deputed an investigator who, after making a thorough investigation, assessed the loss at Rs. 40,297. 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. 179 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. During the pendency of the appeal, Sh.K.N. Joshi had expired and his legal heirs were substituted in the appeal.;