Complaint Case No. CC/14/2006. Case: Laxman Thakur, Supaul Vs Area Manager, New India Assurance Company Ltd..

Case NumberComplaint Case No. CC/14/2006
JudgesMr. Subhash Chandra Jha President and Mrs. Renu Sinha Member
IssueIndian Penal Code - Sections 379, 461
Judgement DateMay 12, 2011


S.C. Jha, President

This complaint has been filed by Laxman Thakur against the officials of New India Assurance Company Ltd. and Manager, Central Bank of India at Supaul.

  1. The facts giving rise to the complaint is that the complainant happens to be the Proprietor of a Firm at Purnea and a sub-dealer of Apollo Tyre, whose shop is situated in Kachahari Road, Supaul, having his current account in Central Bank of India at Supaul, with overdraft limit facility to the tune of Rs. 25 lacs. It has been averred that godown of the complainant was insured by the Bank in New India Assurance Company Ltd. Branch at Purnea for the financial year 2005-2006 for which a premium of Rs. 30,856/- was paid by the Bank on 15th December,2005, which was drawn from the aforesaid current account of the complainant and due receipt was granted. Unfortunately, a theft took place in the shop of the complainant in the night in between 22nd and 23rd March,2006 for which FIR was lodged on 23rd March,2006, on the basis of which Supaul P.S. Case No. 52/2006 was drawn under Section-379 and 461 of the IPC. Information to that effect was also given to the Manager, Central Bank of India-Opposite Party No.3 through letter on 24-03-2006. The police investigated the case and submitted final form in the Court of Chief Judicial Magistrate, Supaul. The police found the case to be true under Section-379 and 461 of the IPC against unknown persons, who accepted the final form. Thereafter, the Branch Manager, after receiving information from the complainant informed the Area Manager of Insurance Company by letter dated 25-03-2006 but no action was taken by the Insurance Company.

  2. It was further case of the complainant that tyre worth Rs. 16 lacs were stolen from the godown of the complainant and spring patti worth Rs. Five lacs were also stolen and hence the loss assessed by the complainant was to the tune of Rs. 21 lacs for which he suffered mental and physical torture. Besides, Bank interest was went on growing and as such, he sustained loss to the tune of Rs. 27.20 lacs.

  3. Parties made their appearance on being noticed. The O.P. No.3 appeared and sought time to file written notes of argument, which was granted by way of last chance on 1-12-2010 whereas other O.Ps. No.1 & 2 appeared and filed their written notes of argument. Nobody appeared for Central Bank of India-O.P.No.3.

  4. From the record, it appears that the complainant has not filed any copy of the insurance, which...

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