NETRANANDA BEHERA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order dated 27.8.2003 passed by the District Consumer Disputes Redressal Forum, Cuttack dismissing appellant's C. D. Case No.208 of 2002.

(2.) The appellant filed the aforesaid C. D. Case No.208 of 2002 before the District Forum, Cuttack claiming compensation of Rs.3,55,000 on the allegation that in the super cyclone of 28/30th October, 1999 his residential building situated at Mouza Madan Mohan Nagar was damaged and since the building in question was insured the respondents are liable to pay the aforesaid compensation in full. But, instead of paying the entire amount as claimed they have offered only a sum of Rs.17,777.00 which does not reflect the correct assessment of damages.

(3.) The case of the respondents in brief is that the allegation of damage to the building on account of the cyclone was enquired into and proper survey was conducted and the final Surveyor assessed damages at Rs.17,790 and the said report was considered and the claim was settled at Rs.17,770. The appellant accepted the amount at Rs.17,777.00 without any murmur.