SHRI. S. CHANDRAMOHAN NAIR           : MEMBER

APPELLANT

      New  India Assurance Company Ltd.,

       Changanassery,

       Rep. by its Manager.

             (Rep. by Adv. S.Subha)                                                                                                                 

                                   Vs

RESPONDENTS

Jose Kunju,

 Proprietor,

 M/s. Karakkattu Rubbers,

        Palakathakidi P.O.Mukkur, Kunnamthanam,

        Pathanamthitta Dist.

         (  Rep by Adv. Sri. Narayan R.)

JUDGMENT

SMT. VALSALA SARANGADHARAN           :  MEMBER

The above appeal is preferred from the order dated 30.6.2009 of CDRF, Kottayam in C.C. 40/08.  The complaint was filed by the respondent herein as complainant against the appellant as opposite party claiming a sum of Rs. 95,072/- as the actual loss caused to the complainant with compensation and costs.  The Forum below accepted the case of the complainant to a greater extent and thereby passed the impugned order directing the opposite party to pay the sum of Rs. 84,240/- as insured value for the loss sustained with costs of  Rs. 1,000/- to the complainant.  It is aggrieved by these directions that the present appeal is preferred by the opposite party. 

          The case of the complainant is that he had insured his shop with the opposite party for an amount of Rs. 1,00,000/- for burglary and house breaking and he sustained a total loss of Rs. 95,072/- due to  theft.  The complainant preferred a claim, but the opposite party did  not consider the actual loss sustained by him and paid only a sum of Rs. 22,800/-.  Hence alleging deficiency of  service on the part of the opposite party he filed complaint before the Forum claiming the actual loss sustained with compensation and  costs.

The opposite party filed version and contented that the Surveyor deputed by the opposite party assessed the loss at Rs. 22,800/- and the opposite party could not pay anything in excess of the amount assessed by the surveyor.  Hence there is no deficiency in service on their part and prayed for dismissal of the complaint with costs.

          We heard the learned counsel for both sides. The learned counsel for the appellant submitted before us that the finding of the Forum that the complainant is entitled to the value of 1053kgms rubber sheets is without proper evidence and also that the purchase bills and stock register produced were fabricated documents for the purpose of the case.   Inviting our attention to Ext. A12,  the Stock Register, it is argued that there are discrepancies in Ext. A12 register and that it is nowhere stated that it was exactly 1053kgs. of rubber that was subjected to loss.  Thus the learned counsel canvassed for the position that the order of the Forum is liable to be setaside.  The learned counsel for the appellant requested for an opportunity to adduce evidence in support of their contentions before the Forum. 

          On the other hand the learned counsel for the respondent/complainant submitted that the Forum below had passed the order after proper appreciation of the entire evidence before it and argued for the dismissal of the appeal.

          On hearing the learned counsel for the appellant and respondent and also on perusing the records we find that the Forum below had believed the case of the complainant and had passed the order without proper appreciation of Exts. A12 and A13.  We find that nobody has been examined from the side of the opposite party especially the surveyor had not been examined.  In these circumstances we find that a considered order is necessary, appreciating the evidence of opposite party also. 

          In the result the order of the Forum is set aside and the matter is  remanded to the Forum  below for fresh disposal in accordance with law after permitting both parties to adduce evidence in support of their   contentions if they so desire.   The case will stand posted before the Forum on 30.9.2010.  The office is directed to despatch copy of this order as well as the LCR to the Forum urgently.

VALSALA SARANGADHARAN           :  MEMBER

S. CHANDRAMOHAN NAIR                : MEMBER