JUDGMENT - Justice G.G. LONEY, President :---This is a complaint by a consumer alleging deficiencies in the service of M/s. Oriental Insurance Co. Ltd., for not settling his legitimate and justifiable insurance claim in terms of an insurance policy.

Shortly stated the relevant undisputed facts are that complainant is a proprietor of

M/s. Mayur Restaurant Bar at Chandrapur. Complainant had obtained an Insurance Policy A, bearing No. 16221/10/91/00421 for the sum of Rs. 18,65,000/- valid for a period between 3-8-1990 to 2-8-1991. The policy provided coverage to the complex of the building including basement, where the bar is situated. The policy is dated 3-8-1990. On the same day, i.e. on 3-8-1990, the complainant had paid Rs. 3,693/- towards premium amount to the opposite party, M/s. Oriental Insurance Co. Ltd.

2. The complainant alleged that there were heavy rains in the last week of August, 1990 in Chandrapur District, as a result of which there was inundation, floods around the area of the premises, where the Mayur Bar is situated. The rain water also inundated the basement of the Mayur Bar, causing extensive damage to the insured property. The complainant noticed the damage caused by the floods and inundation on 7th August, 1990 and informed the branch office of the opposite party at Chandrapur on 10th August, 1990. The complainant alleged that he could not immediately inform the opposite party since he was busy in salvage operations of the bar. On 11-8-1990, the opposite party appointed Shri V.S. Daoo, a surveyor, from Nagpur to survey the damage caused to the bar and to asses the loss suffered by complainant. The survey was conducted by Shri Daoo on 12th, 21st 29th of August, 1990. The surveyor, Shri Daoo, prepared his survey report on 17th April, 1991. In his report, the surveyor has meticulously and carefully catalogued all the details of loss suffered by the complainants to his Restaurant and Bar due to flood and inundation. The surveyor has stated in his report that even after his visit on 21st August, 1990, it rained very heavily on 21st night and the fury continued upto 24 August, 1990 and the water entered the premises of basement and remained inundated between 21st August to 28th August, 1990. The surveyor further observed that due to continuous presence of acidic and corrosive water from the Macchi Nala carrying refuse/affluent of the City and residential outlets caused damage to the basement, where the bar in question is situated. The surveyor assessed the loss caused to the complainant on page 8 of the survey report upto Rs. 7,41,990/- and after deducting 20% depreciation arrived at a figure of Rs. 9,93,392 and observed that insured are adequately covered by the sum insured under item-39. The surveyor also assessed item wise list of Restaurant and Bar for a total amount of Rs. 3,61,840/- and after giving allowance to depreciation at the rate of 15% assessed the insurance loss at Rs. 37,564/-. The loss of claim is worked out at Rs. 1,08,668/- less depreciation at the rate of 15% valued at Rs. 92,367.80. Separate valuation is made for the bar furniture and other items for Rs. 48,300/- less depreciation at Rs. 15% for a total value of Rs. 41,055/-. Similarly, the surveyor has separately valued the loss of bar counter for Rs. 16,510/- Sonodyne system Rs. 5,355/- and bar carpet valuation for Rs. 3,780/-. At page 14, the surveyor has given the summary of itemwise loss of basement, wall cladding, bar furniture, bar counter, sonodyne system and bar carpet, after calculating the depreciation for total amount of Rs. 2,26,819.49/-. The surveyor alongwith his report submitted 24 photographs of damaged restaurant, affidavit of proprietor, statement of loss etc. Despite the careful survey report recommending the assessment of loss for Rs. 2,26,819.49 in his letter dated 12-12-1991, the opposite party has repudiated the complainants claim. In their letter dated the opposite party has stated that the premises in question w

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