NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI

(From the Order dated 29.04.2005 in Appeal No. 141 of 2003 of State Consumer Disputes Redressal Commission, Patna, Bihar)

HON’BLE MR. JUSTICE ASHOK BHAN, PRESIDENT

PRONOUNCED ON         :  18.02.2009

Petitioner herein who was the complainant before the District Consumer Disputes Redressal Forum, Araria (hereinafter referred to as ‘the District Forum’ for short) has filed the present Revision Petition.

Petitioner filed the complaint with the allegation that he had obtained two insurance policies from the respondent. The first was taken on 08.01.1992 for the damage to raw material in his rice mill and the mill property and the second policy was taken on 20.01.1992 for Rs.50,000/- for the cash kept in the iron safe/chest of the factory. It was stated that there were riots on 09.12.1992 and the rioters looted the mill property after breaking its gate, burnt the property and killed the Manager of the mill named Bijay Kumar Jha. It was further averred that the cash amount of Rs.75,000/- was looted after breaking open the iron safe. It was also stated that the respondent had paid insurance claim of the first insurance policy dated 08.01.1992 but rejected the claim under the second insurance policy which was in the sum of Rs.50,000/- for the cash kept in the iron safe. As the claim of the petitioner regarding the second insurance policy was repudiated, the petitioner filed a complaint.

Respondent filed its reply. It as admitted by the respondent that the petitioner had taken two insurance policies. One for damage to raw material of the rice mill and the mill property and second for insuring the cash kept in the iron safe of the factory. It was further stated that the petitioner did not make any mention about the loss of cash in the first and the second F.I.R. lodged on its behalf. It is only in the third F.I.R. that it was mentioned that the cash amount of Rs.75,000/- was also looted.

The dispute in the present case is regarding the second insurance policy.

The District Forum allowed the complaint and held that the complainant is entitled to the insured amount of Rs.50,000/- with interest @ 18% from 01.03.1993 till its realization.

Respondent, being aggrieved, filed the Appeal before the State Consumer Disputes Redressal Commission, Patna, Bihar (hereinafter referred to as ‘the State Commission’ for short). The State Commission set aside the Order of the District Forum and dismissed the complaint. The State Commission came to the conclusion that the petitioner had failed to prove the loss of Rs.75,000/- as alleged in the complaint. The State Commission recorded the following finding: -

“….After going through the record we find that no cash book etc. of documentary evidence was produced to show that Rs.75000/- kept in the cash chest of the Mill during the relevant time. At the same time admittedly F.I.R. dated 9.12.92 for the loot, riot etc. on 9.11.92 was lodged by staff of the Mill and in 2^nd F.I.R. no mention of loot of cash chest was mentioned. Report of officer Incharge Arraria town P.S. Shri Sheoji Singh dated 7.3.95 addressed to Oriental Insurance Company has no relevance. More-over it speak about the loot of cash from quarters situated in the premises of the Mill does not mentioned the loot of cash-chest…”

We have heard the Counsels for the parties at length.

Petitioner has not produced its cash book or any documentary evidence that it had cash in hand of Rs.75,000/- which he had kept in the cash chest of the mill during the relevant time. Admittedly, the petitioner in the first two F.I.R.s lodged by it on 09.12.1992, did not mention anything about the looting of cash from the cash chest. It is only in the third F.I.R. lodged on 13.12.1992 that it was mentioned that the iron chest kept in the factory for keeping the cash had been broken open and amount of Rs.75,000/- kept in it, was looted. Counsel for the petitioner was unable to explain as to why the fact of looting of the sum of Rs.75,000/- from the cash chest of the petitioner was not mentioned in the previous F.I.R.s. There is no evidence whatsoever on record to show that cash of Rs.75,000/- was either kept or looted from the factory.

We agree with the view taken by the State Commission and find no merit in this Revision Petition and, accordingly, dismiss the same. No costs.

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                                                                (ASHOK BHAN J.)

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