(1.) BEING aggrieved and dissatisfied by the judgment and order dated 30th January, 2003 passed by the State Consumer Disputes Redressal Commission, Bihar, Patna, in Complaint Case No. 72 of 2000, the complainant has preferred this appeal.
(2.) IT is the contention of the complainant that she had taken loan from Punjab National Bank, Patna City, and started her shop in the name and style of K.K. Enterprises. Thereafter, she had taken a shopkeepers insurance policy from the United India Insurance Company, Patna City Branch, for a sum of Rs. 6 lakhs and premium for a period of one year was paid on 7th March, 2000. On 28th June, 2000, at about 9.15 a.m., fire broke out in the shop. Immediately it was reported to local Fire Brigade office and to the Police Station. The Insurance Company was also informed. A Surveyor was appointed by the Insurance Company who submitted his report. It is alleged that on the basis of the Surveyors report the Insurance Company paid a sum of Rs. 76,500/ - to Punjab National Bank from whom the complainant has taken the loan. The complainant was aggrieved by the said assessment of the loss and, therefore, preferred a complaint before the State Commission contending that she had suffered a loss of Rs. 4.75 lakhs. That claim was not accepted by the State Commission on the ground that, (a) the complainant has failed to produce necessary documents to establish the loss suffered by her, and (b) the amount offered by the Insurance Company was accepted without any protest. Hence, the complaint was dismissed.
(3.) IN our view, the submissions made by the learned Counsel for the appellant requires to be accepted. The report submitted by the Surveyor discloses total bias. This can be seen from the report itself. We would quote, for this purpose, the relevant part of the report: 'SURVEY As stated earlier, we have visited the affected godown on 28.6.2000 to survey and assess the loss. We have taken few photographs of the godown and burnt goods. The husband of proprietor Shri Paras Kumar was in nervous condition and pain of loss caused to him due to fire was clearly visible on his face. After taking photographs we have discussed about the incident, the case and the amount of loss. We have asked for books of account and other papers required for assessment of loss which insured shown his inability to produce. We have given a list of papers and documents required. Insured has submitted various papers of 24.7.2000. Insured has submitted following papers, which can be made the basis of assessment of loss.