ANNA NAGAR Vs. CUSTOMERS SERVICE MANAGER

JUDGEMENT

(1.) PETITIONER by way of an affidavit sent by post, has challenged order dated 21.1.2011, passed by State Consumer Disputes Redressal Commission, Chennai (for short, 'State Commission ') in FA No.45 of 2009. This affidavit has been treated as a revision petition by the Registry.

(2.) BRIEF facts are that petitioner/ complainant had taken house insurance with the respondent /opposite party for one year from 11.08.2005 to 10.08.2006. Due to heavy rain on 27/28.10.2005 and 5/6.11.2005, the flood water entered into the house, causing severe damage, not only to the building, but also to the house hold articles, for which, a claim for Rs.38,050.00 was lodged, before the respondent. The respondent instead of paying the amount, as claimed, paid only a sum of Rs.17,844.00 and obtained a discharge voucher on 11.4.2006, as if, the petitioner has failed to prove the damages. Premium was collected on the basis of the accepted value and having collected the premium, the respondent is not entitled to reject the claim, when the value of the goods is claimed, based upon damage. Since, respondent has failed to pay the amount, it had committed deficiency. Therefore, petitioner is entitled to difference of amount namely Rs.20,206.00 with interest thereon, in addition to a sum of Rs.50,000.00 as compensation for mental agony.

(3.) THE District Consumer Disputes Redressal Forum, Chennai (for short 'District Forum ') dismissed the complaint vide its order dated 21.10.2008.