Mr. Justice S.A. Shah, President — The undisputed facts of this case are as under:

The complainant had hypothecated his goods with Peoples Co-op. Bank Limited which has insured the said goods in the account of the complainant for Rs. 6 lakhs. The cotton bales were destroyed by fire and a claim for Rs. 5,73,000/- was made with the Insurance Company. It appears that at the request of the Insurance Company Mr. Upendra R. Shah was sent for surveying the damage and he surveyed the damage for 150 bales at Rs. 4,69,600/-. It also appears that at the time of survey the complainant's partner was present and at the request of the surveyor he gave a letter dated 28.9.91 agreeing to the assessment of Rs. 4,69,600/- in order to put an end to a dispute though, according to him he has suffered more damages.

2. Having obtained this consent from the complainant Mr. Upendra R. Shah made a report on January 10,1992 but to the reasons best known to the Insurance Company the amount was not sent for a long time. The amount being substantial it was not possible for the complainant to wait any more and he, therefore, filed the present complaint on February 19,1992. It appears that after the filing of