Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 31.10.1991 passed by District Consumer Forum, Meerut in Complaint Case No. 82/1990. Briefly stated the facts of the case are that the complainant was the owner of New Premier Padmini (Delux) Car No. UHO 5235. He got insured the car for Rs. 90,000/- with opposite party on 2.9.1985 for one year. In the year 1987 the value of the car was Rs. 85,000/- and the insurance was got done w.e.f. 25.9.1987 to 24.9.1988. On 20.5.1988 the car was stolen from the house of the complainant. The complainant lodged F.I.R. and informed the Insurance Company. The complainant also put a claim to the Insurance Company. It is alleged that the Surveyor appointed by the Insurance Company orally told that his claim will be passed for Rs. 78,000/-. According to the complainant the cost of the vehicle was Rs. 1,10,759.95 when it was stolen. The Insurance Company was not prepared to pay more than Rs. 62,000/- which the complainant took by means of a cheque. According to the complainant he is also entitled to Rs. 16,000/- alongwith interest.

2. The opposite party in its written version alleged that the Surveyor has on