SURGUJA GRANITE INDUSTRIES Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 16.1.2004 in Complaint No. 58/2000 by District Consumer Disputes Redressal Forum (hereinafter called the District Forum for short) directing the respondent/insurer to pay to the complainant/appellant compensation of Rs. 51,000/ - with further direction that interest @ 9% p.a. would be payable thereon from 13.3.2000. Rs. 500/ - as cost was also awarded. It was further directed that in case the above amount is not paid/deposited within 2 months, interest @ 12% p.a. would be payable.

(2.) IT is no longer in dispute that the complainant had obtained Fire Policy A from the O.P./insurer. It is also not in dispute that during the currency of the policy, there was a typhoon and tempest resulting in damage to the factory building of the complainant/appellant as well as Granite Tiles etc. kept in the said factory.

(3.) THE complainant claimed damages to the extent of Rs. 3,98,560/ - for the damage to the machinery and building while Rs. 50,000/ - were claimed by him, for mental torture. Thus total amount of Rs. 4,48,560/ - were claimed by the complainant.