(1.) -THIS appeal is directed against the order dated 20. 12. 2004 of Consumer Disputes Redressal Commission Orissa, Cuttack disposing of the complaint with direction to the appellant/opposite party - Insurance Company to make fresh survey of the loss sustained by respondent No. 1/complainant on account of burglary on the basis of purchase invoices filed along with the rejoinder.
(2.) FACTS giving rise to this appeal lie in a narrow compass. Respondent No. 1, a trader dealing in household articles purchased policy No. 4855030108469 to cover the stocks also against the peril of burglary from the appellant-Insurance Company. It was alleged that in the intervening night of 1st/2nd June, 2001, there was burglary in the shop-cum-godown and stocks worth about Rs. 3,25,000 was stolen. Incident was reported to the police as also Insurance Company. Appellant deputed a Surveyor to assess the loss. In final report, the Surveyor recommended for settlement of claim at Rs. 77,409. 47. Respondent No. 1 alleged that it could not produce the purchase invoices which would have shown that the amount of loss as finally assessed by Surveyor was too low. Appellant-Insurance Company alleged that ultimately loss was assessed at Rs. 58,056 on non-standard basis and that amount was accepted by respondent No. 1 towards full and final settlement and complaint was, thus, not maintainable.
(3.) SUBMISSION advanced by Mr. A. K. Raina for appellant-Insurance Company was two-fold. First, after the Surveyor in the report dated 2. 1. 2002 had finally assessed the loss on non-standards basis at Rs. 58,056, the State Commission ought not to have directed the appellant-Insurance Company to re-assess the loss on basis of purchase invoices filed along with the rejoinder on 18. 8. 2004 by respondent No. 1. Second, amount of Rs. 58,056 had been received against discharge voucher (s) towards full and final settlement of claim by respondent No. 1 and, thus, complaint itself was not maintainable. Copy of report dated 2. 1. 2002 of Sanjeev Kumar and Associates, Surveyors is placed at pp 14-18. Part of this report under the heading "about books of accounts, documents maintained and submitted" which is material, is reproduced below: