Security is deployed from a security company in an Apartment in Hyderabad City. Security Agency is paid regularly for providing security. In spite of this, theft happens in broad daylight in one of the owner's flat. Owner lodges an FIR with Police. As per Police's investigation it becomes clear that the security person has not done his duty properly wherein he did not challenge/take down the details of visitors (like phone number and vehicle number etc) on the day of theft, making it impossible to trace them. However, he has done his duty properly on days before the theft has occured.
Can the owner sue the security company/Agency in consumer court for not providing the services properly for which they were paid regularly and claim damages worth equal to the goods stolen ?
Or at least claim damages for the physical and mental agony gone through due to the negligance of the security person?
P.S. The police have not yet concluded their investigation.