V.K.AGARWAL,PRESIDENT - (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 13.4.2006 in complaint No. 144/2005 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'District Forum' for short) directing the appellant -insurer to pay to the complainant/respondent a sum of Rs. 3,700 with interest @ 9% payable from 2.4.2005. Besides, compensation of Rs. 2,000 and cost of the complaint of Rs. 500 was also awarded.
(2.) THE relevant facts not in dispute are, that the complainant purchased a Nokia cell phone for Rs. 3,700 on 3.7.2004, which was duly insured by the appellant -insurer
(3.) THE complainant's allegations were that the said Handset was stolen from his shirt pocket at about 8 p.m. on 31.3.2005. He lodged police report of the incident on 1.4.2005 with Police Station, Purani Basti, Raipur. He also put up a claim with the appellant -insurer on 2.4.2005. Relevant documents were also furnished to the appellant -insurer. However, the complainant's claim was repudiated by the appellant -insurer, by their letter dated 30.4.2005. Hence, the complaint. The complaint was resisted by the appellant -insurer. According to the appellant -insurer, special contingency policy was issued covering the risk, under the terms specified therein. It was averred that the risk of theft as alleged by the complainant was not covered under the policy. Hence, the complainant was not entitled to any relief under the policy.;