D.o.F: 7/11/09 D.o.O:05/4/2010IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC. 248/09 Dated this, the 05th day of April 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Baiju Alex, S/o Alexabder, Poriyath House, Vallikkadavu,Malom,Parappa Via,Kasaragod.: Complainant (Adv.M.Mathew Varghese,Hosdurg) The Branch Manager, United India Insurance Co.Ltd Thara Building,Nileshwar Po, Nileshwar,Hosdurg.Kasaragod : opposite party (Adv.C.Damodaran,Kasaragod) ORDER SRI.K.T.SIDHIQ : PRESIDENT The case of the complainant in brief is that as against the insurance claim for the damages sustained to his shop in an attack by some miscreants, the opposite party has offered Rs.3750/- only. According to the complainant the total loss caused was Rs.21200/-. Hence the complaint claiming compensation and costs. 2. According to opposite party, the amount is offered as per the loss estimated by the surveyor subject to the policy excess. The policy excess as per the shop keeper policy issued to the complainant is Rs.10, 000/- Amount of loss above Rs.10,000/-alone is payable. Upto Rs.10,000/- the shopkeeper has to bear the loss. 3. Complainant filed proof affidavit and faced cross-examination by the learned counsel for opposite party. Exts.A1 to A5 marked. On the side of opposite party Exts.B1 & B2 marked. Both sides heard and the documents perused. 4. Ext.B2 is the surveyor’s report. As per the report it is seen that the surveyor has omitted to assess a number of items on the ground that it is not reported to the police. That is no way justifiable and there is no law that to claim the damages as per shopkeeper’s policy, one has to report the details of damage to the police. The intention of information given to the police is to set the criminal law in motion and the police is not an authority to verify or assess the losses sustained in the criminal action to compensate the victim. Hence the offer of compensation relying on an incompletely assessed surveyors report, that omits to assess the damages caused to the articles on the ground that it is not reported to the police is a deficiency in service on the part of the opposite party. 5. As per the surveyor’s report the loss assessed subject to policy excess is Rs.3750/-. Of course, the opposite party is entitled to deduct the policy excess. But in the survey report the price of a coin box (telephone) is seen excluded on the ground that it is not covered. How and on what basis it is not covered is also not explained either by the surveyor or by the opposite party. Hence complainant is entitled to get that amount . 6. The surveyor has not taken in to account the loss of articles worth Rs.7000/- for various items on the above reason that the damage is not reported to the police. Therefore the complainant is entitled for that amount also. Therefore, the complaint is allowed and the opposite party is directed to pay a further sum of Rs.7000+4180=11180/- in addition to Rs.3750/- the amount already assessed by the surveyor. The opposite party is further directed to pay a cost of Rs.1500/- to the complainant. Time for compliance is 30 days from the date of receipt of copy of the order. Failing which opposite party shall be liable to pay interest @12% for Rs.11180/-( Rupees Eleven thousand one hundred and eighty only) from the date of complaint till payment MEMBER MEMBER PRESIDENT Exts: A1-policy A2-9/4/08- lawyer notice A3-19/4/08-reply notice A4-21/11/07-Copy of FIR A5-13/11/07- Copy of Mahazar report B1-Claim form B2- Survey report PW1-Baiju Alex-complainant MEMBER MEMBER PRESIDENT eva/
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