KHIMTEX LTD Vs. UNITED INDIA INSURANCE CO LTD & ANR; DISIONAL MANAGER,UNITED INDIAN INSURANCE CO LTD

JUDGEMENT

(1.) This first appeal has been filed under Section 19 of the Consumer Protection Act, 1986 against the order dated 30.7.2013 passed in complaint case No. C/07/05 by Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') whereby the complaint of the complainant was dismissed.

(2.) The relevant brief facts are that the factory premises of the complainant was insured for Rs. 70 lakhs under 'Standard Fire & Special Perils Policy' from United India Insurance Company Ltd./OP. During the subsistence of the insurance policy, on 3.8.2004, due to flood, the factory sustained loss. It was informed immediately to the insurance company, who appointed a Surveyor, M/s Ashock Chopra & Company. The claim was settled for Rs. 24,97,516/-, which was accepted under protest by the complainant by signing the voucher on 13.1.2005. On 21.2.2005, complainant raised grievance through its letter and filed a complaint before the State Commission, Mumbai.

(3.) The OP/insurance company resisted the complaint by filing a written version and submitted that the assessment made by the Surveyor was accepted and, accordingly, the settlement was offered. The complainant issued the settlement voucher, therefore, the complaint is not viable. The claim was settled by considering the nature of insurance policy and actual loss assessed by the Surveyor. The State Commission on the basis of evidence and documents, on record, dismissed the complaint. Being aggrieved by the dismissal of complaint, the complainant filed this appeal.