ORIENTAL INSURANCE COMPANY LTD Vs. WESTERN NUTRIENTS LTD

JUDGEMENT

(1.) DISSATISFIED and aggrieved by the order of the State Consumer Disputes Redressal Commission, UT of Chandigarh, in complaint No. 31 of 1999 dated 07.03.2002 the Oriental Insurance Company has filed this appeal. Brief facts of the Case:

(2.) COMPLAINANT "M/s Western Nutrients Limited is running an industry for manufacturing of biscuits at their factory at Kuranwala village, Derabassi. They had taken a fire policy on 06.04.1998 which was valid upto 05.04.1999 covering building, machinery, stocks, packing material etc. A fire took place on 27.10.1998 at about 09.00 p.m. and the fire brigade was immediately informed, which extinguished the fire by 01.30 a.m. on 28.10.1998. Thereafter the complainant lodged an FIR with PS Derabassi on 30.10.1998. It is the case of the complainant that the fire caused a loss of Rs. 12,86,772/ - but the Insurance Company awarded only Rs. 2,09,756/ -. According to the complainant he was hard pressed for the money for adjusting the working capital limit taken from the Andhra Bank, Mohali and hence has received the said claim under protest. Therefore, the complainant filed a complaint before the State Commission to pay the claim of Rs. 12,86,772/ - with interest @ 18% per annum.

(3.) THE opposite party"Insurance Company appointed M/s Duggal Gupta and Associates as Surveyor who inspected the premises and examined the stock. On the basis of their report the Insurance Company awarded Rs. 2,09,756/ -. According to the Insurance Company, they relied upon the report of the surveyor who had assessed the loss at Rs. 1,99,756/ - but it increased the amount of loss by a sum of Rs. 10,000/ - and awarded Rs. 2,09,756/ -. The Insurance Company alleged that this was accepted as full and final settlement, hence no more amount is payable to the complainant as there is no deficiency in service. Submissions of the learned Counsel for the appellant: