IN T

D.o.F:28/4/2011

D.o.O:30/11/11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                      CC.97/11

                   Dated this, the 30th    day of November 2011.

PRESENT

SRI.K.T.SIDHIQ                                  : PRESIDENT

SMT.P.RAMADEVI                              : MEMBER

SMT.BEENA.K.G.                                : MEMBER 

Sakkariyas A.M,S/o Mathai,

Proprietor, M/s Trust Automobiles,

Mavungal, R/atAmbattu House,                          : Complainant

Kallyan Road,Balla PO, Hosdurg,Kasaragod.       

(Adv.P.Venugopalan,Hosdurg)

The Branch Manager

United India Insurance,Kanhangad                        : Opposite party

Nityananda Bldg, Kanhangad.     

(Adv.C.Damodaran,Kasaragod)

                                                             ORDER

SRI.K.T.SIDHIQ     : PRESIDENT

   In nutshell  the case of the complainant is that the opposite party did not indemnify the actual loss sustained to his shop due to  fire.  According to him due to fire, the goods valued  `3,00,000/- is fully gutted.But the opposite party allowed `33388/- only.  Therefore the complaint.

2.    According to opposite party the surveyor who deputed  to assess the  damages based   on the  available documents ,physical verification and taking into account all relevant facts, datas and circumstances correctly assessed the loss and submitted his report based on which the amount was sanctioned.  The intention of the complainant is only to claim a huge amount disproportionate to the actual loss .  Hence the complaint is liable to be dismissed.

3.  Complainant filed proof affidavit  and Exts.A1 to A6 marked on his side.  The surveyor who assessed the  loss is examined  as PW2.  Exts.B1&B2 marked  on the side of opposite party.  Both sides heard and documents perused.

4.   Ext.A1 is the copy of the  policy .  Ext.A2 is a copy of the letter dtd 27/7/10 issued by the complainant to opposite party and Ext.A3 is a copy of another letter dtd.8/10/10 submitted by the complainant before opposite party and Ext.A4 is the copy of Fire report .  Ext.A5 is the  report of the electrical inspector to the  Sub Inspector of Police Kanhangad.  Ext.A6 is the letter issued from Syndicate Bank Mavungal Branch to the complainant.

5.   According to the complainant as per Ext.A6 the Syndicate Bank Mavungal Branch  assessed the stock as on 31/3/2010 and it was worth ` 4,00,000/-.  Ext.B1 is the Surveyor report .  Ext.B2 is the list prepared after joint verification of physical stock by the surveyor and complainant during the survey on 23/6/10.

  6. With respect to Ext.B2  stock verification report PW2 deposed that page 1&2 of the  above the details of damaged item and page 3&4 contains the remaining items .  In further cross examination by the learned counsel for  the complainant  Sri.P.Venugopalan, Pw2 deposed that Ext.B2 is not a report prepared  misleading the complainant.   He also denied the suggestion that Ext.B2 is subsequently prepared from his office.

 7. According to complainant he had a loss of items to the tune of  `3,00,000/-.  But no evidence is produced by the complainant to prove that  he had that much loss.  On the contrary Ext.B2 the joint verification lost prepared by PW2 in the  presence of complainant cuts the  very root of the case of the complainant.  Ext.B2 represents the actual items  to be damaged as well  the non damaged goods.  We do not  find  anything material to depart from the finding of the surveyor who prepared the  Ext.B1 report relying on Ext.B2 also. Further, the complainant has not produced  any documents or materials to prove that  more goods than those mentioned in Ext.B2 is damaged/destroyed  and the surveyor has not taken consideration of the same.

 8.  According to opposite party the loss assessed as per Ext.B1 survey report is `43388/-.  The complainant is entitled  to get indemnified his  loss only to basing on the report.  The opposite party offered `33388/- by deducting  `10,000/- as policy excess.

  We do not see any materials to take a contrary view.

   Therefore the opposite party is  directed to pay the said amount of `33388/- to the complainant with interest @9% from the date of complaint if it is not paid.  In the circumstances there is no order as to costs.

Exts:

A1 - copy of the  policy

A2 - dtd 27/7/10 -copy of the letter issued by the complainant to opposite party

A3- dtd.8/10/10 –-do-

A4 - copy of Fire report

A5- the  report of the electrical inspector to the  Sub Inspector of Police Kanhangad. 

A6- the letter issued from Syndicate Bank Mavungal Branch to the complainant.

B1- Surveyor report

B2-  stock verification report

PW1-Sakkariya A.M

PW2-K.P.Raghavan- surveyor

MEMBER                                        MEMBER                                              PRESIDENT

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