State Consumer Disputes Redressal Commission
Jawahar Lal Kapoor vs Rama Rani on 7 November, 2012
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 07.11.2012 Complaint No.27 /2001 Shri Jawahar Lal Kapoor (Deceased) (Through his legal heirs) 1.Smt. Rama Rani Complainants W/o Late Sh. Jawahar Lal Kapoor R/o 792, Dr. Miukherjee Nagar, Delhi-110009. 2.Jatinder Kapoor S/o Late Sh. Jawahar Lal Kapoor R/o 861, Dr. Mukherjee Nagar, Delhi-110009. 3.Vinod Kapoor S/o Late Sh. Jawahar Lal Kapoor R/o 792, Dr. Mukherjee Nagar, Delhi-110009. 4.Ashwani Kapoor S/o Late Sh. Jawahar Lal Kapoor R/o 1138, Dr. Mukherjee Nagar, Delhi-110009. 5.Smt. Simmi Shangari D/o Late Sh. Jawahar Lal Kapoor W/o Rajesh Shangri, R/o H/No. 13, Sector-14, Gurgaon, Haryana. Versus 1.M/s United India Insurance Co. Ltd. Opposite Parties (service to be effected through) Chairman/General Manager/ Principal Officer, Regd. & Head Office, 24, Whites Road, Chennai-600014. 2.M/s United India Insurance Co. Ltd. (service to be effected through) Regional Manager/Principal Officer, Regional Office, 8th Floor, Kanchanjunga Building, Barakhamba Road, New Delhi. 3.M/s United India Insurance Co. Ltd. (service to be effected through) Branch Manager/Principal Officer, K-41, Connaught Place(Opp. Plaza Cinema), New Delhi. CORAM Justice Barkat Ali Zaidi President Ms. Salma Noor Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi(Oral)
1. The facts of the complaint case are that, the proprietory Firm Jawahar Lal Kapoor and Sons of Shri Jawahar Lal Kapoor now deceased, engaged in the business of shawls, sarees embroidered goods, etc. at Ishaq Building Court Road, Lal Chowk, Sri Nagar, J&K, obtained from OP Insurance Co. of its stocks for Rs. 5.50 lac and furniture fixtures, fittings, TV, Almirah etc. for Rs. 50,000/-, continued which was in effect for a period of 8.11.91 to 7.11.92 vide Fire Cover Note dated 28.10.91. Due to threats from Militant organizations in January, 1990, the complainant Shri Jawahar Lal Kapoor alongwith his family members was constrained to leave Sri Nagar leaving his goods and valuable items and whole of his business stocks in the house and the business premises there. The complainant came to know through a news item from Sri Nagar based Urdu News Paper that a terrorist organization Student Liberation Front was in possession of the stocks alongwith other items taken from the shop of the complainant by the said Front, and this organization by publishing a news, had circulated that the shopkeeper can personally take back from them, the whole of the goods from the organisations possession. Copy of the said news item and its Hindi translation are Annexure E & F available on the file. The complainant in turn of this news items informed by serving telegrams requested his four close friends whose details are given in Para No. 5 of the complaint to obtain the possession of his goods from the Student Liberation Front also requesting the Front to give them back his goods, but in vain.
He therefore lodged a claim before the OP Insurance Co. which the Company registered on 21.8.92 with it, which is Annexure-N available on the file and the company then, deputed one Mr. Waris Sehikh as Surveyor and Loss Assessor for assessment of the loss, who never never contacted the complainant, despite request sent by the complainant to surveyor vide letter dated 16.10.92. Copy of this letter is Annexure-O available on the file.
Thereafter, the complainant sent two letters Annexure-P&Q to the OP Insurance Co. requesting to settle his claim, but the OP did not settle the claim which led the complainant to file the complaint, after serving notice to the OP dated 21.1.99 copy of which is Annexure-R available on the file.
The OP repudiated the claim of the complainant vide letter dated 15.3.99 copy of which Annexure-S available on the file, on the ground that, the OP was not liable to indemnify the complainant, as the loss had taken place due to burglary being not covered in the insurance policy, and not due to terrorists activities. Complainants grouse is that, even the surveyor report dated 21.12.99(which is available on the file), mentions the loss having been caused due to terrorists activities. The complainant prayed that the OP be directed to pay him Rs. 6 lac alongwith interest @ 24% p.a. from the date of lodging of the claim till realization and Rs. One lac towards the compensation and the litigation costs.
2. Pending the complaint, the complainant Shri Jawahar Lal Kapoor died. His above named LRs were substituted, and are now the complainants in this case.
3. The OPs opposed the claim by filing the written bversion alleging that the Insurance Agreement does not cover the theft/burglary which took place after the complainant abandoned the premises in 1990, in consequence whereof the loss is said to have occurred to him. The OP alleged that the complainant came to know about his loss in 1990 while he informed about the loss for the first time by sending a letter to OP No.3 Branch Manager of the OP Co. at New Delhi on 26.03.2003. The news item points out theft in the premises of the complainant, and thereafter the left over having been taken away in possession of the Student Liberation Front, and after abandonment of premises, the complainant was never living in Sri Nagar, and which was locked through out, and for this reason, it was impossible for the surveyor to assess the alleged loss. The OP averred that the complainant never sent to the OP the details of the goods said to have been burgled and taken away by the terrorists. The OP denied any deficiency or negligence in service on its part.
4. As none appeared for the complainant, we have heard Shri Sahid Ali, Advocate proxy for Shri A.K. Dey, counsel for the OPs.
5. In the first place it has to be noticed that the newspaper report on which the complainant relies, is not acceptable in evidence.
The clipping on the record is a copy from a newspaper. The name of the newspaper and the date of newspaper is not mentioned in the report.
The date has been incorporated in the report by hand, subsequently, which amounts to intermeddling with the evidence. The newspaper report, about the fact, that the terrorists looted the property cannot be accepted. There is an affidavit of Ashwani Kapoor, son of the deceased complainant which mentions that the terrorists removed the property, but it has not been indicated what is the source of his information, because he was not present in the city, and even in the State at the time when this occurrence is said to have taken place. His statement in the affidavit falls in the category of hearsay and cannot be taken place of proof. The affidavit of Ashwani Kapoor therefore will not suffice to establish that the terrorists took away their property and that itself suffices for termination of the complaint.
6. It has also to be noted, in the newspaper report referred to above, there is mention of the fact that goods from the shop of the complainant were stolen. It is said that thereafter the terrorists removed the remaining property. Burglary is not covered under the Insurance Agreement and since according to the newspaper report, on which the complainant relies, burglary took place, the Insurance Company cannot be held liable. Even if there was subsequent removal of property, after burglary by the terrorists, the Insurance Co. will not be liable, because once burglary has taken place, the contact of the Insurance Co. becomes inoperable, because the contact is one, whole and cannot be divided into parts. Was there violation of contact, the integrity of the contact is broken, and it cannot survive in parts. It will also be impossible to determine, as to how much of the property was burgled and how much was taken away by terrorists, and obviously there is no evidence for the same.
7. For all these reasons, the complaint cannot be accepted, and is accordingly dismissed, but without costs.
14. Copy of this order be provided to both the parties free of cost.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member ysc 1 2
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