The complainant is an owner of M/s. Bishwarupa Bastra Prathisthan at Post and P.S. Ramnagar, he had a cash credit loan account under Contai Co-Operative Bank Ltd. The O.P. No. 1, 2 & 3 insured the complainant by policy No. 031701/48/13/34/00000857 insured policy certified which was valid from 01/01/2014 to 31/12/2014. The complainant was insured with United India Insurance Company Ltd. The complainant shop was damaged by fire on 12/05/2014 at 5 a.m. The complainant lodged a G.D. before Ramnagar P.S. being G.D. No. 437 dated 12/05/2014 and informed the O.P. Insurer Company on 13/05/2014 by letter. The O.P. No 1,2 & 3 after making survey, sent a letter dated 12/09/2014 and agreed to pay 11,600/- as full and final settlement of the claim though the amount of loss was above Rs. 7,00,000/- due to fire. The complainant after accident made assessment by an auditor of the damaged for an amount of Rs. 90133/- the O.P. No.1, 2, & 3 taking a vague base less ground  OP repudiated the complainant claim the pecuniary damages. The Complainant stated that he is entitled to get compensation for the sum assured and also compensation for mental agony.  The Complainant did not agree to the amount of Rs. 11,600/-, hence the case.

The OP 1, 2 & 3 has entered appearance and contested the case. But, the case is heard Ex-parte against the OP no.4.The Op No.1, 2 & 3 filed their W.V. and also W.N.A. The O.P. admit that on early morning on 12/05/2014 the shop was damaged due to fire. They also admitted the matter was informed to local branch office on 13/05/2014. On getting information O.P. appointed Mr. P.K. Sen F.C.A. Surveyor and loss access to investigate the matter. The surveyor stated in his report that the complainant could not show any stock register nor any paper to ascertain the actual damage. He produced a loss assessment which was based on his memory, there are three list B-1, B-2 & B-3 given by complainant to surveyor. The surveyor and loss access made a calculation and also a report on 29/10/2014 in his survey report the surveyor has noted Fire policy of the insured property and was Rs.3,73,159/-. We have got in our complainant policy No. 031701/48/13/34/00000857 and the insurer being M/S. Bishwarupa Bastra Prathisthan from the shop keeper insurance schedule we find the some insured for damaged by fire was Rs. 373159/-. It is curious enough how the Surveyor had assessed the gross loss as Rs.26,750/- and net loss Rs.21,768/- and net amount payable to the complainant as Rs.11,668/-. We have gone through our documents filed by the party’s and find that the complainant had assured his loss to Rs. 7,78,755/- which was only his memory. From the ruling file by the O.P. CPJ –iv(203154) is self-explanatory on perusing the documents filed by the complainant we find that the loss assessed by the O.P. is arbitrary. Therefore, the complainant is entitled to get after deduction of 40%, Rs.2,23,896/-  together with interest @ Rs.9% p.a. from 15/05/2014 and also compensation Rs. 3,000/- for mental agony and Rs.2,000/- for litigation cost within 45 days from the date of the passing of the order. In case the OPs fail to comply the order, the complainant will be at liberty to execute the order as per law.