Complainant Bhavneet Singh filed this complaint for a claim of Rs. 11,49,500/- less payment of Rs. 5,37,386/- received under protest for settlement of the claim for balance of Rs. 6,12,114/- with interest of 16% since 03.08.2015 along with compensation of Rs. 1,00,000/- for mental harassment and Rs. 2,00,000/- for loss suffered in profession and litigation cost of Rs. 50,000/-.

2          The case of the complainant is that the complainant is the Proprietor of Popular Tyre, Chas, Bokaro having taken two insurance policies for goods kept in two godown.

            In the night of 15.12.2013 a theft was occurred in the godown where the tyre of various size were kept, for which FIR was lodged, in which approximate value of stolen item were written as Rs. 11,49,500/- with invoices of purchase product. The complainant informed the insurance co. and a Surveyor was appointed for assessment of loss by the insurance co. M/s United India Insurance Co. Ltd.  The loss assessment was estimated of Rs. 11,84,949/- . The complainant raised objection against the report submitted by the Surveyor and the insurance co. assured error shall be corrected based on documents filed by the complainant.

            The O.P. settled the claim for Rs. 5,37,386/- and released a cheque of the amount which was received by the complainant on protest on the ground that Surveyor has calculated loss only against one policy whereas two policies were taken by the complainant and the loss should have been 80,00,000 X 9,67,349 X 71,63,259= 10,80,345/-.Therefore, this is deficiency on the part of the Insurance co. for considering only one policy for settlement of the claim. Hence the complaint.

3          The Following documents have been filed by complainant in support of his case:-

Anx-1 Copy of the Final Surveyor Report.

Anx-2 Copy of cheque for Rs. 5,37,386/-.

Anx-3 and 3/1 Copies of letters by the complainant to the O.P. for settlement of two policies.

Anx-4 Copy of order of ACJM, Bokaro accepting Final Report.

Anx-5 and 5/1 Copy of FIR and F.F.

4          O.P. M/s United India Insurance Co. Ltd. appeared and filed W.S. It is submitted that this case is not maintainable as the claim of the applicant has already been settled. It is admitted that the complainant has taken policy of burglary BP policy vide No. 210700/46/13/04/0000054 and vide No. 210700/46/31/04/0000053 for period 24.10.2013 to midnight 23.10.2014. It is also admitted regarding the FIR and FF and it is also admitted regarding intimation of theft on 15.12.13 and submission of claim on 21.12.2013. It is also submitted that the surveyor after the proper verification and clarification assessed the loss and since stock register was not provided by the complainant therefore, the loss was assessed on the basis of average previous 6 months statement of account for basis of the claim. It is also admitted that the complainant has received the settlement amount of Rs. 5,38,539/- as a full and final discharge of his claim under the policy. It is further submitted that the cheque was issued on the request of the complainant that the account has been shifted from Canara Bank to P.N.B. Bank having A/c No. 1210008700005503 and the amount was sent in favour of the complainant’s company M/s Popular Tyre which was received and encashed.

Therefore, there is no deficiency on the part of the insurance co. and the complaint is liable to be dismissed.

The O.P. has also filed documents

Anx-A Copy of Settlement Intimation Voucher.

Axn-B and B/1Copies of disbursement voucher.

Anx-C Copy of the cheque dt. 03.08.2015 for Rs. 5,37,386/-.

Anx-D Copy of claim form.

F I N D I N G S

5          We perused the record and the complainant is a consumer since taken insurance policy by paying premium hence he is consumer and the dispute is a consumer dispute.

6          Anx-D of the O.P. shows the claim form submitted by the complainant in respect of policy No. 210700/46/13/00000054 only and Anx-A is the settlement intimation voucher also showing the same policy number. The complainant has only raised objection regarding wrong calculation of loss whereas he has taken two policies for burglary. Anx-1 is the Survey Report submitted by the surveyor in respect of the policy mentioned in the claim form and he has calculated on the basis of the coverage of insurance under back policy and also assessed on the basis of sum insured for Rs. 40,00,000/- and submitted his report accordingly and the O.P. after settlement of the claim for the policy also disbursed the amount of Rs. 5,37,386/- which has been received by the complainant as a full and final settlement of the claim. Therefore, the claim for another policy as mentioned in the complaint petition cannot be the basis for holding liable O.P. for deficiency in service.

7          Therefore, we hold that there is no cause of action for this complaint and the claim of the complainant accordingly this case is hereby dismissed.

            O.C. is directed to deposit the record in the record room.