JYOTHI AGENCIES Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Parties in this Order are referred to according to their ranking in the complaint filed before the District Forum.

(2.) This appeal is by the complainant challenging the order of the District Forum dismissing the complaint of the complainant.

(3.) The complainant is a firm carrying on the business of sale of electronic goods, steel and moulded furnitures at Bellary. The stock-in-trade kept at the business premises of the complainant was insured with the opposite party (for short,"o. P. " ). There was a fire accident in the premises on 3.4.2004. In the said accident, the stock in trade kept in the business premises was burnt. The liability of the O. P. under the Insurance policy is Rs.10,00,000. After the accident the complainant made a claim before the O. P. for payment of compensation since the policy was in force as on the date of the accident. The O. P. , after the receipt of the claim, appointed a Surveyor to assess the loss. The Surveyor assessed the net loss at Rs.7,57,388 after deducting Rs.2,43,000 towards "under insurance". The O. P. , after the receipt of the Report, offered the complainant to receive a sum of Rs.7,57,000. Thereafter, the complainant received Rs.7,57,000 through cheque without any protest. A copy of the voucher is produced as Exhibit 'p-9'. After receiving the said amount, the complainant filed a complaint before the District Forum alleging "deficiency in Service" on the part of the O. P. According to the complainant deducting a sum of Rs.2,43,000 towards "under insurance" by the O. P. amounts to deficiency in service.