R.S. Sharma, President

The complainant filed this consumer complaint under Section 17 of the Consumer Protection Act, 1986 against the O.P. seeking following reliefs :-

(1) To direct the to pay remaining amount of Rs.31,93,884/- (Rupees Thirty One Lakhs Ninety Three Thousand Eight Hundred and Eighty Four) after deducting a sum of Rs.7,61,116/- (Rupees Seven Lakhs Sixty One Thousand One Hundred and Sixteen) from the actual amount of damage i.e. Rs.39,55,000/- (Rupees Thirty Nine Lakh and Fifty Five Thousand) to the complainant.

(2) To direct the O.P. to pay interest @ 12% p.a. from the date of accident i.e. 29.11.2014 till date of payment.

(3) To directed the O.P. to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs) towards compensation for mental account, which has been suffered by the complainant due to unfair trade practise and deficiency in service committed by the O.P.

(4) To direct the O.P to pay entire cost of litigation and other reliefs as this Commission deems fit, to the complainant.

2. Briefly stated the facts of the complaint of the complainant are that the complainant is proprietor of firm M/s Life Style. The stock of Cosmetics items and cash available in the shop of the complainant was insured by the O.P. under insurance policy No.2939/51536360/03/000 dated 21.07.2014 for the period from 21.07.2014 to 20.07.2015. The complainant obtained cash credit limit facility from Karnataka Bank, Branch Raipur (C.G.) and the above insurance policy was issued by the O.P. through Karnataka Bank. Karnataka Bank is joint venture of the O.P. According to Schedule A of the insurance Policy, the cosmetic stock was insured for Rs.52,00,0000/-, according to Schedule B, the sum assured for burglary and robbery was Rs.53,00,000/-, according to Schedule C, the sum assured for money was Rs.1,00,000/- and according to Schedule J the sum assured for public liability was Rs.10,000/- and the O.P. obtaining premium according to total sum assured. On 29.11.2014 incident of fire occurred in the shop of the complainant, due to which the entire goods kept in the shop was damaged. The insured cosmetic items which was insured with the O.P. were also damaged and the cash to the tune of Rs.55,000/- also burnt. The complainant immediately gave intimation regarding the accident to the O.P., in response to which the O.P. sent its employee from the local office and got conducted survey. After four days of the incident, the O.P. sent a Surveyor from Delhi, who conducted survey for assessment of the loss. The complainant provided all relevant documents to the Surveyor. The intimation regarding the incident given to office of Fire Brigade and Karnataka Bank and concerned Police Station was also informed in writing. The O.P. was not settling the claim of the complainant, whereas for settlement of his claim, the complainant contacted the O.P. many times. The O.P. issued Claim No. C.L. 14051414. The complainant submitted claim form with the O.P. for loss of the stock of cosmetic to the tune of Rs.39,55,000/- and for cash to the tune of Rs.55,000/-, but the O.P. did not settle the above claim. The complainant provided audit report as well as report of the Fire Brigade team, purchase bills of the entire goods, sale bills, balance sheet. The Surveyor S. Soni and Company through his letter demanded documents i.e. claim form, report of fire brigade team, police report, newspaper, cosmetic stock register dated 01.04.2014 to 29.11.2014, credit account, documents for sale, purchase and other expenses, bank stock statement, bank account statement, rent agreement and balance sheet, which were provided by the complainant, even then the O.P. did not settle the claim of the complainant. The O.P. sent discharge voucher to the complainant which is printed in which it is mentioned that the complainant received a sum of Rs.7,63,106/- in full and final satisfaction. The complainant made protest regarding the same and put a note that the above amount will be under protest and