- (1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 14.11.2008 passed by the District Forum, Dehradun in consumer complaint No. 66 of 2007. By the order impugned the District Forum has allowed the consumer complaint against the opposite party No.1 Insurance Company and directed the Insurance Company to pay sum of Rs.38,500 to the complainant together with interest @ 9% p.a. from the date of filing of the consumer complaint till payment.
(2.) IN brief the facts of the case, as stated in the consumer complaint, are that the complainant M/s Om Prakash Vijay Kumar Jain is a proprietorship concern and is carrying on the business of sale of Cattle Field Products, Ghee, Oil, Pulses, Rice, Maida, Dry Fruits, Spices, Cosmetic, etc. at Vikas Nagar. The complainant has obtained a cash credit limit from opposite party No.2 Punjab National Bank. The stock kept in the shop was insured with the Insurance Company for sum of Rs. 2,90,000. On 30 -31.8.2005, theft took place in the shop, in which the complainant suffered loss of Rs.42,500. FIR of the incident was lodged on 31.8.2005 and intimation of the incident was given to the Insurance Company and the bank. The Insurance Company appointed Piyush Associates, Surveyors and Loss Assessors. The claim of the complainant was repudiated by the Insurance Company on the ground that the stolen goods items were not covered under the policy. Alleging deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum Dehradun.
(3.) THE Insurance Company filed written statement before the District Forum and pleaded that the claim of the complainant was repudiated on the basis of the surveyor's report and in doing so, no deficiency in service was made by them. The bank also filed written statement before the District Forum and pleaded that there has not been any deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint against the Insurance Company vide impugned order dated 14.11.2008 in the above terms. Aggrieved, by the said order, the Insurance Company has filed this appeal.;