PRADEEP STORES Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The case of the complainant in brief is that he owns a proprietorship firm having its place of business at New Market, Dibrugarh and has been dealing in cloth business. He got his shop duly insured with the opposite party for any accident including fire, and the total loss covered by the insurance was for Rs.2,85,000/- for which he paid the requisite premium. That on the night of 27-1-91 a devastating fire broke out at a New Market, Dibrugarh, and the shop of the complainant was totally gutted in mat fire. The complainant immediately reported to the officer-in-charge Dibrugarh Police Station, and the officer-incharge, fire service and the Branch Manager of the opposite party. The Opposite Party deputed its Surveyor to assess the loss and the Surveyor after due enquiry submitted its report. The Complainant made a total claim as the entire shop was gutted in the fire along with the entire stock.

(2.) That after repeated reminders and demands the opposite party sent a voucher along with a letter to sign the said voucher in full and final settlement of the claim of the complainant and the claim was shown to have been settled at Rs.1,79,435/-. That as the claim was on the lower side and the opposite party did not fix the claim at the maximum as per policy, the complainant returned the said voucher along with a letter dated 26-12-91 requesting for reconsidering the claim of the complainant. That subsequently the complainant by his letters dated 4-6-92 and 24-6-92 to the opposite party gave the details of his loss and the accounts. Thereafter the complainant received another letter dated 31-7-92 along with a voucher whereby the opposite party fixed the compensation at Rs.2,03,354/- and asking the complainant to return the voucher duly discharged by him for early payment. But as the opposite party did not settle the claim at Rs.2,74,000/- as claimed by the complainant, the complainant returned the said voucher along with his letter dated 10-8-92. In the said letter the complainant requested the opposite party to make part payment in respect of their claim, or to pay the aforesaid amount as fixed by them under protest. The opposite party however, by letter dated 28-8-92 informed the complainant of their inability to acede to the request. Being aggrieved, the complainant has filed this petition claiming compensation of Rs.2,74,000/-for the loss sustained by him along with interest at 24% per annum from the date of the accident till date of recovery.

(3.) The opposite party has filed their written objection wherein the fact of the fire and substantial damage sustained by the complainant due to the said fire was admitted. It was also stated that the opposite party engaged a registered Surveyor, assessor and valuer who visited the place of occurrence for the purpose of making enquiry, survey and assess the loss. The survey report was submitted on 18.4.91 who recomnended for settlement at an amount of Rs.1,79,435/-. As the complainant was reluctant to receive the said amount, the opposite party after careful scrutiny of the available materials arrived at an amount of Rs.2,03,445/- as full and final settlement of the claim. However, this amount was also not accepted by the complainant. The opposite party denied that only after repeated reminder and demands of the complainant the claim amount of Rs.1,79,435/- was offered to the complainant. The case of the opposite party was that the amount was offered as per report submitted by the Surveyor, and after careful scrutiny of the materials on record.