- (1.) THIS appeal is directed by the complainant of Complaint Case No. 65/2008 against the order dated 21.6.2011 of District Consumer Disputes Redressal Forum, Raipur (C.G.) (hereinafter called "District Forum" for short), whereby the complaint alleging deficiency in service against the Insurance Company and claiming compensation of Rs. 2,00,000, on account of damages to the insured Printing Press, has been dismissed on the ground that Insurance Company, was intimated very late after five months and it was material violation of the terms of the insurance policy.
(2.) BRIEFLY stated, the facts of the case are that the complainant is owner of a Printing Press and the said Printing Press, was insured by the respondent Nos. 1, 3/Insurance Company under a Shopkeeper's Package Insurance Policy, for a period between 30.4.2007 and 29.4.2008. In an incident of fire on 10.5.2007, the machineries of the Printing Press were damaged very badly and complainant was required to suffer loss of around Rs. 4,00,000. He immediately informed the Insurance Company regarding the incident and later on information was also given by him in writing. Then a claim was preferred before the Insurance Company, which was repudiated by the Insurance Company, on the ground that intimation regarding incident was given five months late and so the Insurance Company was having no occasion to get the loss assessed by some licensed Valuer or Loss Assessor. It was material violation of terms of the insurance policy, so the Insurance Company, is not liable to pay any amount to the complainant/appellant. In the written version of the complaint filed before the District Forum, the Insurance Company took the same defence.
(3.) LEARNED District Forum, agreed with the defence taken by the Insurance Company and dismissed the complaint by the impugned order. We have heard arguments advanced by all parties and perused record of the District Forum.;