BRANCH MANAGER, UNITED INDIA INSURANCE CO., LTD Vs. SUMANGALI TEXTILES AND READYMADES

JUDGEMENT

(1.) These two appeals sprouted from the order dated 8.10.2007 in C.D.No.118 of 2003 passed by the District Forum, Ananthapur. F.A.No.1784 of 2007 has been preferred by the opposite party whereas F.A.No.67 of 2009 has been preferred by the complainant.

(2.) The facts of the case are that the complainant engaged in textile business in a rented premises at Ananthapur regularly obtained fire policy A from the opposite party which was renewed from 30.4.2001 for the sum assured Rs.80,05,000/-. On 30.6.2001 due to electrical shock circuit fire broke out resulting damage to the entire stock in trade, furniture and establishment. The complainant informed the about the accident to the opposite party and the fire department as also the police concerned. Subsequently, the complainant had sent a telegram in regard to the accident to the opposite party. The complainant had furnished the documents required such as income tax and sales tax turnover assessment for a period of two years prior to the date of the accident. The surveyor sought clarification which was not necessary. The complainant has got issued a notice to the surveyor and the opposite party. The opposite party has not repudiated the claim of the complainant. The complainant got issued notice dated 21.4.2003.

(3.) The opposite party has resisted the claim by filing counter and contending that the complainant firm is a commercial establishment and as such it is not a consumer within the purview of the C.P.Act. The District Forum has no jurisdiction to entertain the complaint. The fire accident said to have been occurred on 30.6.2001 was denied. There was abnormal delay in lodging the FIR before the police concerned. The complainant has already filed the petition for the loss of textile stocks for a sum of Rs.18,50,000/- in LSA No795 of 2002 before the LSA Ananthapur. The petition before the LSA has been pending for enquiry. Hence the complaint is not maintainable and liable to be dismissed. Inspite of repeated requests of the opposite party for the statement of accounts, bank transactions and statements of books of accounts and also the other relevant documents pertaining to the fire accident, the complainant failed to furnish the documents.