NEW INDIA ASSURANCE CO LTD THROUGH ITS DULY CONSTITUTED ATTORNEY, MANAGER Vs. SAVLA TWISTERS PVT LTD & ANR; SECRETARY, SURAT CITIZEN COUNSEL TRUST, TIRUPATI PLAZA

JUDGEMENT

(1.) This First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act") by the New India Assurance Company Ltd. (for short "the Insurance Company"), the sole Opposite Party in the Complaint, is directed against the order dated 12-06-2012, passed by the State Consumer Disputes Redressal Commission, Gujarat, at Ahmedabad in Complaint No.259 of 2002.

(2.) By the impugned order, while allowing the Complaint filed by Respondent No.1 herein, namely, Salva Twisters Pvt. Ltd. (for short "the Insured") through the Secretary, Surat Citizen Counsel Trust, Respondent No.2 in this Appeal, alleging deficiency in service on the part of the Insurance Company in offering only a part of the claim made by the Insured for indemnification of the loss suffered by it on account of the fire, which took place in the insured premises on 02-08-2000, the State Commission has directed the Insurance Company to pay to the Insured the balance claim, amounting to a sum of Rs.17,79,005/-, along with interest on the said amount, @ 9% per annum from the date of the Complaint i.e.04-06-2002 till realization; Rs.15,000/- as compensation for the mental agony and Rs.10,000/- as cost of litigation.

(3.) Since the factum of the fire having taken place at the insured premises on the afore-stated date as also the premises in question being covered under the Fire & Special Perils Policy, issued by the Insurance Company, valid during the relevant period, is not in dispute, we deem it unnecessary to burden this order by narration of the facts in extenso. For the purpose of this Appeal, it would suffice to note that on receiving intimation about the incident, the Insurance Company appointed one J. S. Sharma as the Surveyor to assess the loss suffered by the Insured. On conducting survey of the affected premises on 03-08-2000, 06-08-2000 and 16-09-2000 the Surveyor submitted three reports dated 09-02-2001, 12-07-2001 and 07-09-2001, assessing the loss suffered by the insured at Rs.8,32,992/-, Rs.8,31,932/- and Rs.7,00,366/- respectively, as against the total claim of Rs.17,79,005/- preferred by the insured. Accepting the final report dated 07-09-2001, vide their letter dated 23-01-2002, the Insurance Company offered a sum of Rs.7,00,322/- to the Insured as full and final settlement of his claim. The Insured was asked to sign and return the voucher, offering the said amount. Obviously, the offer made by the Insurance Company was not accepted by the Insured.