DRUPDEE Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Facts barely needed for the disposal of this complaint are that complainant insured his two storeyed building for Rs.5.00 lakhs and the insurance cover was valid from 26.2.1996 to 25.2.1997. Household goods for Rs.50,000.00. Admittedly on 13th/14th February, 1997 the said house was set ablaze by the militants. Complainant raised the claim. O. P. deputed Surveyor Javid Hussain Sofi. Javid Hussain Sofi sat over the matter for more than a year. He has not filed the report according to the O. P. While another Surveyor Shakeel Ahmed was also appointed in August, 1998 who submitted his report on 24th February, 1999. He assessed the loss at Rs.2.00 lakhs. Rs.2.00 lakhs have been paid to the complainant immediately after the filing of complaint.

(2.) Objections have been filed by O. P. Main plea raised by the complainant is that Surveyor in his report has assessed the total cost of construction of the building at Rs.4,23,860.00 but arbitrarily according to the complainant he has deducted 50 per cent as depreciation and after deducting Rs.11,930/- as salvage, net amount he has assessed as Rs.2.00 lakhs. Complainant has objected to this method of assessment by the Surveyor. Complainant has contended that the guidelines for depreciation has been given. According to the guidelines, for the first 5 years no depreciation is being made and from 5-10 years total depreciation to be made is 2.5 per cent. Instead of deducting 2.5 per cent the Surveyor has deducted 50 per cent. It is an arbitrary method employed by the Surveyor.

(3.) Learned Counsel for the O. P. has raised two fold objections to this argument No.1, that the complainant has not proved the age of the building. No.2, the dispute is about the quantum. According to the Insurance Special Law the matter will go to the Arbitrator, the Consumer Protection Commission cannot redress this grievance.