ORIENTAL INSURANCE CO. LTD. Vs. BANKA RAM

JUDGEMENT

(1.) Petitioner/Opposite Party has preferred this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short, 'Act' ) challenging impugned order dated 22.5.2009 passed by H.P. State Consumer Disputes Redressal Commission, Shimla (for short, 'State Commission') vide which Appeal No. 383 of 2008 filed by the petitioner before the State Commission was dismissed.

(2.) Brief facts are, that Respondent/Complainant was the owner of three storeyed residential house situated at village Pujarali No.4, Sub Tehsil Tikkar, District Shimla and that the said house was insured by him with the Petitioner' Company for a sum of Rs. 8,00,000/- vide insurance policy No.11/2005/3001 effective from 23.3.2005 to 22.3.2005. It is stated that on 12.4.2005 the insured building and his house hold articles caught fire and were completely reduced to ashes and the factum of fire incident was also reported to the police and the intimation in this regard was also sent to the petitioner which got the loss assessed from surveyor and offered him only a sum of Rs.1,66,550/-against the insured sum of Rs.8,00,000/-. Hence, feeling dissatisfied and aggrieved by the act and conduct of the petitioner, respondent filed a consumer complaint against the petitioner.

(3.) Petitioner filed its written statement and took some preliminary objections regarding maintainability of the complaint, cause of action and jurisdiction etc. On merits, petitioner admitted that the building of respondent was insured with them for the period from 23.3.2005 to 22.3.2006 for a sum of Rs. 8,00,000/-. It is stated that on receipt of the intimation regarding fire incident, independent surveyor to assess the loss to the building and material was appointed who assessed the loss to the tune of Rs.1,66,550/- and this amount was recommended to be paid to the respondent. But, the respondent did not accept the aforesaid amount and as such there being no deficiency in service, the complaint is liable to be dismissed. Thereafter, the parties led oral and documentary evidence in support of their claim/counter claim.