NEW INDIA ASSURANCE CO LTD Vs. DEEPAK PANDA

JUDGEMENT

(1.) Challenge in this revision is to the order dated 18.10.2006 of Consumer Disputes Redressal Commission Orissa, Cuttack dismissing appeal against the order dated 27.9.2001 of a District Forum whereby petitioner was directed to pay amount of Rs. 3,28,756 with interest from 8.6.2000 to the respondent.

(2.) Respondent/complainant purchased from the petitioner/opposite party- Insurance Company Fire Policy 'C' in respect of factory building, machinery, accessories, stocks and stocks -in-process and electrical fittings for a sum of Rs. 32,75,000 for the period from 28.1.991 to 27.1.2000. It was alleged that due to super cyclone and heavy rains on 28.10.1999 and 30.10.1999, there was damage to the building, machinery, stocks and finished products, etc. for which claim of Rs. 15,14,442 was lodged on 14.12.1999 with the petitioner Insurance Company by the respondent. Petitioner appointed a Surveyor who assessed the total loss at Rs. 7,89,722. Out of this amount, only amount of Rs. 4,59,000 against discharge voucher dated 8.6.2000 was paid by the Insurance Company to the petitioner. Claiming balance amount of Rs. 3,28,755, the respondent filed complaint which was contested by the petitioner.

(3.) Main thrust of submission advanced by Mr. Gaurav Sahay for petitioner was that FIR regarding the incident was not lodged by the respondent, amount of Rs. 4,59,000 was paid towards full and final settlement, it was highly improbable that 4200 kgs. of finished products would have blown away from inside the factory building.