RUGS INDIA Vs. ICICI LOMBARD GENERAL INSURANCE CO.

JUDGEMENT

(1.) THIS revision petition is directed against the order of the State Commission dated 19.4.2012 whereby the State Commission accepted the appeal of the respondent/opposite party against the order of the District Forum and dismissed the complaint.

(2.) BRIEFLY put, the facts relevant for the disposal of this revision petition are that the complainant - firm obtained an insurance policy from the opposite party for period from 15.6.2005 to 14.6.2006. On 8.5.2006 fire broke in the insured premises due to which the petitioner/complainant suffered loss. Incident was intimated to the insurance company. A surveyor was deputed who after conducting necessary survey and investigation assessed the loss suffered by the complainant to the tune of Rs.30,76,654/ -. Pursuant to the survey report the respondent/opposite party sent cheque for the even amount to the petitioner with a covering letter dated 01.09.2006, which reads thus: -

(3.) THE respondent/opposite party failed to pay to the petitioner the difference of the claim of the petitioner to the tune of Rs.44,04,015/ - and the amount of the cheque. This led to the filing of the consumer complaint by the petitioner alleging deficiency in service on the part of the opposite party.