State Consumer Disputes Redressal Commission
U I I Co vs Gopal Sharma on 25 July, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2014/194 ( Date of Filing : 27 Jan 2014 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. U I I Co a ...........Appellant(s) Versus 1. Gopal Sharma a ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER PRESENT: Dated : 25 Jul 2023 Final Order / Judgement ORAL State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No. 194 of 2014 The United India Insurance Co. Ltd., Regional Office, Kapoorthala Complex, Lucknow through the Manager. ...Appellant. Versus 1- Gopal Sharma s/o Dayanand Sharma, R/o Aminagar Sarai Road, Baraut, Distt. Baghpat. 2- Syndicate Bank, Bhagwan Mahaveer Marg, Baraut, Baghpat through the Branch Manager. ....Respondents. Present:- 1- Hon'ble Sri Rajendra Singh, Presiding Member. 2- Hon'ble Sri Sushil Kumar, Member. Sri A.K. Singh, Advocate for appellant. Sri G.P. Pandey, Advocate for respondent no.1. None for the respondent no.2. Date 25.7.2023 JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the judgment and order dated 2.12.2013 passed by the Ld. District Commission, Baghpat in complaint case no.137 of 2013, Gopal Sharma vs. Syndicate Bank & anr., whereby the ld. District Forum by allowing the complaint, directed to pay insured amount of Rs.3,68,330.00 to the complainant with interest @ 8% p.a. We have heard the ld. Counsel for the appellant Sri A.K. Singh and ld. counsel for the respondent no.1 Sri G.P. Pandey. None is present for the respondent no.2.
Ld. counsel for the appellant insurance company submitted that the surveyor assessed the loss of Rs.68,000.00 only while the ld. District Forum directed to pay Rs.3,68,000.00 without any assessment of loss on record.
(2)On perusal of record, it appears that the complainant took the insurance policy for security of his business from the appellant. A theft had taken place from the insured premises on the night of 2/3.5.2012. This policy was valid from 3.1.2012 to 2.1.2013. The complainant assessed the total loss of Rs.7 lacs and submitted his claim before the insurance company. The insurance company appointed a surveyor who inspected the insured premises and assessed the loss only for Rs.68,000.00.
As per record, the information to the insurance company was given after about 18/19 days of the incident of theft. The delayed information exhibit the bad intention of the complainant to grave the more amount from the insurance company. Had the complainant given the information to the insurance company just after the incident of theft, the insurance company would have inspected the premises more sincerely alongwith latest available evidence. The ld. surveyor concluded that the complainant grossly exaggerated the claim of insurance. There was no trace of stolen property by the police concerned. In the given situation, it was appropriated to accept the report of surveyor who assessed the loss of Rs.68,000.00. Hence, the appeal deserves to be allowed upto this extent.
ORDER Appeal is allowed partially. The impugned judgment and order dated 2.12.2013 passed by the ld. District Forum, Baghpat is amended to the extent that the complainant will get Rs.68,000.00 as compensation in place of Rs.3,68,330.00. Rest part of the judgment is confirmed.
(3)If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the concerned District Consumer Commission for satisfying the decree as per rules alongwith accrued interest upto date.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Sushil Kumar ) (Rajendra Singh) Member Presiding Member Jafri, PA I Court 2 [HON'BLE MR. Rajendra Singh] PRESIDING MEMBER [HON'BLE MR. SUSHIL KUMAR] JUDICIAL MEMBER