NEW INDIA ASSURANCE COMPANY LIMITED Vs. BALA JOHNSON

JUDGEMENT

(1.) Appellant has preferred this appeal against the order dated 29.09.2015, of learned District Consumer Disputes Redressal Forum, Kullu, whereby a complaint, under Sec. 12 of the Consumer Protection Act, 1986, filed against it by respondent, Bala Johnson, proprietor of M/s. Johnson Hotel, Manali, has been allowed and a direction given to it (the appellant) to pay a sum of Rs. 13,39,951.00, with interest at the rate of 9%, per annum, from the date of filing of complaint, to the date of realisation of the aforesaid amount of money, on account of insurance claim, with further direction to pay Rs. 25,000.00, on account of compensation for harassment and Rs. 5,000.00, as litigation cost.

(2.) Undisputed facts are that respondent is owner of a hotel at Manali. He had insured the hotel building and furniture & fixtures, available in the building, in the sum of Rs. 50.00 lacs, with the appellant. The building was insured in the sum of Rs. 35.00 lacs, while the furniture & fixtures were insured in the sum of Rs. 15.00 lacs. On 15.03.2012, when the policy was in force, a fire broke out in the building and a portion of it, comprising of three rooms with furniture & fixtures, was completely destroyed. According to the respondent, loss sustained by him, due to fire, was to the tune of Rs. 19,18,000.00, inclusive of loss of furniture & fixtures to the tune of Rs. 2,53,000.00.

(3.) Appellant deputed a Surveyor, on getting intimation of partial gutting of the insured building. Surveyor assessed the loss at Rs. 2,90,491.00, in respect of the portion of building gutted in fire and Rs. 90,496.00, in respect of furniture & fixtures. He thus, assessed the total loss at Rs. 3,82,986.00.