ORIENTAL INSURANCE CO Vs. MOOLCHAND JAIN

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 12.2.2002 in Complaint No.343/2001 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) directing the appellant/insurer to pay to the complainant/respondent compensation of Rs.3,00,000.

(2.) Indisputably the complainant/respondent is the proprietor of Motor and Auto Parts shop and carries on his business under the name and style of 'jainco Sales Enterprises. ' The said shop is located at shop No. B-25, New Bombay Market, Raipur. The complainant/respondent obtained a fire policy from the appellant/insurer covering the risk from 1.9.1999 to 31.8.2000. It is further not in dispute that there was an incident of fire in the intervening night of 12th and 13th April, 2000 in the said shop. On receiving information early in the morning about the incident the complainant/respondent reached the spot and reported the matter to Police Station, Maudhapara, Raipur on 13.4.2000. Fire Brigade was also called to extinguish the fire. It was alleged that the complainant suffered a total loss of Rs.4,72,111 in the said fire.

(3.) The first Surveyor appointed by the appellant/insurer was T. S. Tuteja. Thereafter S. K. Kansal of Indore was appointed. A Chartered Accountant Pukhraj Jain was also appointed by the appellant/insurer to assess the stock position of the complainant/respondent, who in his report dated 5.3.2001 stated that the stock in the complainant's shop on 13.4.2000 was worth Rs.12,21,921. It appears that the complainant was however offered much lesser amount of Rs.31,615 by the appellant/insurer, towards settlement of his claim. The amount offered as above by the insurer was not acceptable to the complainant; hence he approached the District Forum and filed the complaint. He claimed total compensation to the tune of about Rs.4,75,000 with interest, etc.