- (1.) THE complainant had insured with the opposite parties four air conditioners installed in M/s. New Gangothri Sweets and Fast Foods at No. 63, Dr. Radhakrishnan Road, Mylapore, Chennai -4 against Fire, Burglary and House Breaking. On 11.5.1996 when the restaurant was opened, the air conditioners were not working and the service personnel reported that the compressors and other accessories had been stolen. A complaint was also lodged. The complainant informed the opposite parties and made a claim for a sum of Rs. 69,257/ -. The claim was repudiated by the opposite party and hence, the complaint.
(2.) THE opposite parties contended that after making a thorough investigation and after carefully considering all the materials and on due application of mind, the opposite parties repudiated the claim and, therefore, there is no deficiency in service. The policy was issued to the complainant to cover the 4 air conditioners installed in Door No. 42, Cathedral Road whereas the alleged burglary had taken place at Hotel New Gangothri at No. 63, Dr. Radhakrishnan Salai, Chennai - 4. The complainant has not informed about the shifting of the air conditioners to other premises. On this ground, the complaint has to be dismissed. Further, there was only a theft not burglary involving forcible entry and, therefore, the claim not be accepted by the opposite parties.
(3.) THE lower Forum after considering the material placed came to the conclusion that the complaint cannot be accepted and dismissed the complaint and hence, the present appeal. It is necessary to refer to the policy. The policy is marked as Ex. A1. It reads as Burglary and House Breaking Policy. For the purpose of discussion, it is not necessary for us to go into the details to find out whether it was a case of burglary or theft. The policy mentions clearly that the premises containing the property insured is Hotel Gangothri, 42, Cathedral Road, Madras -600 034. The property insured are 4 numbers 3.0 TR ductable split air conditioners, valued at Rs. 3 lakhs. Therefore, what was insured was the property installed or located and kept in Door No. 42, Cathedral Road, Madras -600 034. The FIR relating to the crime mentions the address of the complainant as No. 63, Dr. Radhakrishnan Salai. It also mentions that in New Gangothri Sweets and Fast Foods, No. 63, Dr. Radhakrishnan Salai, Chennai where the air conditioners were installed were not working and when it was checked, they found that 4 compressors and other accessories were missing. In the claim made by the complainant to the opposite parties on 13.5.1996, he has again given the address as No. 63, Dr. Radhakrishnan Salai, Madras -4. The Surveyor also mentions the name as New Gangothri Restaurant, No. 63, Dr. Radhakrishnan Salai. In the complaint in Paragraph 1, the complainant has described himself as follows: Mr. Manoharsingh Lulla, Proprietor: M/s. New Gangothri Sweets and Fast Foods, residing at "Kleem Villa" No. 1/4, Kothari Road, III Floor, Nungambakkam, Chennai -600 034 and having the restaurant at No. 63, Dr. Radhakrishnan Road, Chennai -600 004. Again in sub -paragraph 1 he has stated that he is the proprietor of the sweets and fast foods restaurant by name and style M/s. New Gangothri Sweets and Fast Foods, having the restaurant at No. 63, Dr. Radhakrishnan Road, Mylapore, Chennai -600 004.;