The complainant is a grocery-cum-stationary owner. He insured his shop against the stock with the respondent-Insurance Company for s sum of Rs.5(five) lacks under the scheme “Shop Keeper Policy” bearing No.322406/2/10/48/94/0107 and the said policy was valid till 26.5.94. On 10.12.93 a devastating fire broke out in the area and consequently a number of shops including the shop of the Complainant was completely gutted. On 13.12.93 the Complainant applied for settlement of the claim. According to the complainant the Surveyor Sri. T.K.Mukherjee visited the spot and conducted the survey and made local enquiry and asked the complainant to submit all other documents, and accordingly the complainant submitted various documents before the said surveyor, however, insisted for the accounts to be scrutinized and submitted by the Chartered Accountant, and the complainant accordingly did the same also, but instead of settling the claim the Respondents appointed another Surveyor Sri. T.Bardhan, and hence the application for payment of Rs.5 lakhs – the sum assured – and pray for damage etc.

The Insurance Company submitted a written statement. The Insurance Company pleaded that the application is not maintainable, application cannot be decided in the summary procedure and the same can only be adjudicated by the Civil Court. On facts it is stated that the Surveyor Sri. T.K.Mukherjee submitted his Survey Report dated 20-03-1995. According to the said report the Surveyor based his assessment on trading Account only and assessed the loss to the extent of Rs.4,75,000/- only: that after submission of the said report the Insurance Company appointed another Surveyor Sri.T.Bardhan and Sri.T.Bardhan in turn stated a fresh enquiry and questioned the report of the qualified Chartered Accountant and sought his clarification. According to Sri.Bardhan the Chattered Accountant since failed to clarify the situation the claim cannot be settled.

3. We have perused the documents, including the policy, the Survey Report of Sri.T.K.Mukherjee alongwith the trading account for the period from 1.4.93 to 9.12.93 submitted by the Chartered Accountant. The account for the period in question is audited by a competent person which we accept to be reasonable. On examination of the facts situation, we are of the view that the complaint-petition is required to be allowed, which we accordingly do or direct the Respondent-Insurance Company to pay the sum of Rs.5(five) lakhs to the complainant. The Insurance Company is guilty of deficiency in service in view of its negligent to settle the claim within the reasonable period which caused harassment, anguish pain, annoyance and expense to the complainant. Accordingly we are of the view that the complainant is entitled for interest on the amount which found to have been covered by the policy and also compensation for the harassment and paid etc. Therefore, we are of the view that it will be just and reasonable to award to the Complainant an interest at the rate of 18% from 20^th April 1995, i.e. one month after the submission of the Survey Report by Sri.T.K.Mukherjee till the date of actual payment. We also direct the Insurance Company to pay the Complainant a sum of Rs.7000/- (Rupees Seven Thousand) only by way of compensation for the harassment, pain, inconvenience, expenses caused, etc. in addition the complainant shall be entitled to recover s sum of Rs.1000/- (Rupees One Thousand) only from the Insurance Company by way of cost of this petition. The petition is allowed with cost of Rs.1000/-.