NEW INDIA ASSURANCE CO. LTD. DRO Vs. ADOLF FERNANDES AND ORS. HOUSE NO. 1152, COLLAN DODGAR RAJA, SALCETE GOA

JUDGEMENT

(1.) This appeal has been filed by New India Assurance Company Ltd. against the order dated 28.10.2009 of the State Consumer Disputes Redressal Commission, Goa-Panaji,(in short 'the State Commission'), in complaint No.38 of 2001.

(2.) In brief, facts of the case are that one Mr. Adolf Fernandes got fire insurance policy for his liquor shop at M/s. Adolfo Traders, Pavillion Grande, Shop No.5, Municipal Market, Margao, Goa from New India Assurance Company Ltd.- appellant in the present case. The fire policy no.141400/11/99/01051 was for a sum of Rs.15,00,000/- for the period from 25.8.1999 to 24.8.2000 and another fire policy was taken with policy number141400/11/00/122 for Rs. 20,00,000/- with validity from 11.5.2000 to 10.5.2001. The fire broke out on 29.6.2000 at M/s. Adolfo Traders, Pavillion Grande, Shop No.5, Municipal Market, Margao, Goa. New India Assurance Co. Ltd., the appellant in pursuance to the claim of respondent No.1, appointed spot surveyor, M/s. Indian Surveyors Pvt. Ltd. to carry out spot survey. The aforesaid spot surveyor submitted its preliminary survey report dated 5.11.2000 assessing the loss to the tune of Rs.9,57,516/-. Further the final surveyor, Mr. Nikhil V. Kothari, assessed the total loss to the tune of Rs.7,15,533/- only. Under the mortgage clause of the policy, the petitioner settled the claim full and final with the respondent No.5(Mortgagee- Canara Bank), based on the final survey report for Rs.7,15,533/-. This amount was adjusted against the loan account of the complainant by the Mortgagee-Canara Bank.

(3.) Respondent No.1 submitted a claim of Rs.35 lakh to the appellant, which was later on reduced to Rs.25 lakhs and finally further reduced to Rs.21 lakhs.