ORDER

SH. RAKESH KAPOOR, PRESIDENT

 

The present matter  pertains to a fire claim lodged by the complainant  under a fire policy obtained by her from the OP. The OP had appointed M/s ABN Engineers & Consultants , surveyors to assess the loss. 

The surveyor had filed its report and had assessed the loss to the tune of Rs. 36,588/- and had held that it was a case of under insurance to the extent of 55.25%.  The complainant had approached this forum on the ground that the insurance company was bound to make good the entire loss of Rs. 1.65 Lakhs. The OP had contested the complaint and had denied any deficiency in service . It had claimed that it had acted in accordance with the report of the surveyor and was prepared to pay the assessed amount. Indeed, the OP had paid the assessed amount of Rs. 36,588/- to the complainant during the pendency of this complaint on 21.7.2015. 

   A surveyor is an independent person and its report cannot be brushed aside unless strong & cogent reasons appear on record. There is nothing on record to show that the surveyor was biased against the complainant or had misdirected himself in processing the claim.  We are of the considered opinion that no fault could be found with the surveyor report and its acceptance by the OP.  However, since the assessed amount has been paid to the complainant during the pendency of the complaint  , we are of the considered opinion that the OP insurance company has been deficient in this regard .  It ought to have paid the assessed amount immediately on the filing of the report of the surveyor and on acceptance of the said report.   It even did not pay when the present complaint was filed on 18.7.2013. We,therefore, direct the OP insurance company as under:-

1. Pay interest @ 10% p.a. on the amount of Rs. 36588/- w.e.f 18.7.2013 to 20.7.2015.

   2.Pay to the complainant a sum of Rs 15,000/-a s compensation for the pain and agony suffered by her.    

3.Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.

       The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.  

    File be consigned to record room.

Announced in open sitting of the Forum on.....................