M.V. Viswanathan: Judicial Member —The complainant filed under Section 12 read with Section 17 of the Consumer Protection Act, 1986.

2. The case of the complainant is as follows: the complainant is the owner of the building No. IX, 26-27A and is doing fish processing business in the said building and premises by the name and style Matha Fish Merchants. The said building and machinery etc were insured with the opposite party Oriental Insurance Co. Thiruvananthapuram under Fire policy ‘C’ with additional perils. The building and machinery etc were insured for a sum of Rs. 9,50,000. The said policy was issued based on the proposal dated 21.4.99 submitted by the complainant along with fire policy ‘C’ additional perils such as flood, inundation, storm and tempest, particularly sea erosion. The opposite party issued the Fire ’C’ policy with the additional perils by policy NoC-59/2000. The said policy was renewed by renewal policy and there was such a policy for the period from 21.4.2000 to 20.4.2001. The opposite party issued policy No C-69/01 covering the risks for an amount of Rs. 9,50,000. On the night of 7th June, 2000 there was heavy rain, flood and inundation and thereby the