IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 )

Date of Decision: 18-03-2009



Appeal No. FA-2009/152

(Arising from the order dated 15-11-2008 passed by District Forum (North East), Bunker Vihar Complex, Nand Nagri, Delhi in Complaint Case No.288/2005)





New India Assurance Co. Ltd., -Appellant

Scope Complex, Laxmi Nagar, Through

Commercial Centre, Mr. Navdeep Singh,

New Delhi. Advocate.



Versus





M/s Topnotch Compsoft (India)

Pvt. Ltd., -Respondent

B-28, Ansal chambers I,

3, Bhikaji Cama Place,

New Delhi.





CORAM :
Justice J.D. Kapoor- President

Ms. Rumnita Mittal - Member



1. Whether reporters of local newspapers be allowed to see the judgment?

2. To be referred to the Reporter or not?



JUSTICE J.D. KAPOOR, PRESIDENT (ORAL)



This is an appeal directed against the order dated 15th November 2008 passed by the District Forum whereby the appellant-Company has been directed to pay loss to the tune of Rs. 1,39,500/- as assessed by the surveyor, as according to the appellant the claim was rightly rejected firstly because of the incident of loss have been reported after 25 days and list of lost articles was given after 9 days of the report with the police.

2. Admittedly respondent obtained one insurance policy against the risk of burglary for the period from 01-04-2002 to 31-03-2003. He states that on 29-03-2003 night and 31-03-2003 morning the burglary took place in the office of the respondent which was detected by one employee of the respondent resultantly one written complaint was made to SHO, R.K. Puram which was registered as FIR No. 165/03. Theft remained untraced and untrace report dated 25-08-2003 was obtained. Appellant appointed one surveyor and loss was assessed to the tune of Rs. 1,39,500/-. Thereafter, appellant appointed one investigator Sh. I.R. Chopra. The appellant repudiated his claim on his report.

3. Whenever such incident takes place the person may not be in a position to assess the entire loss in one go and if the police had instructed him to give detailed list of loss after registering FIR it would not be fault of the respondent.

4. So far as delay of 25 days in reporting the matter to the appellant-Company is concerned, these provisions are directory nature but what is relevant and material is whether report was lodged with the police without any reasonable delay or not and whether the police has filed the final report or not. If the report is lodged on the same day, as done in the instant case, the insured was justified in waiting untrace report and also of taking time for calculating the data and also taking time in preparing the details of items for the purpose of filing claim. All these times taken by the insured is always condonable.

5. We have taken a view that whenever any criminal offence is taken place and report is lodged with the police which are the statutory authority to investigate into the criminal offence and on the report of the police has to be acted upon by the Insurance Company. However, at the same time Insurance Company can appoint Investigator if it suspect some mischief or the veracity of the claim and if the investigator finds certain circumstances that may falsify the report the Insurance Company should immediately intimate the police so as to assist it in proper investigation and if the police finds the report as false there is a provision for punishing the person under section 182 of the IPC. Nothing of the kind was done in this case.

6. However, the District Forum has only the loss as assessed by the surveyor without giving any compensation for the mental agony or cost of litigation.

7. Aforesaid reasons persuade us to dismiss the appeal. There is no merit in the appeal. Appeal is dismissed.

8. Impugned order shall be complied with within one month from the date of receipt of this order.

9. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.

10. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.

11. Announced on 18th March, 2009.