M.V. Viswanathan, Judicial Member—The above appeal is directed against the order dated 28th April 2004 passed by CDRF, Idukki in OP 204/03. The above complaint was filed alleging deficiency in service on the part of the opposite party, the Branch Manager, United India Insurance Company Ltd., Branch Office, Adimali in not re-imbursing the entire loss sustained by the complainant with respect to the insured building bearing No. 9/364 of Pallivasal Panchayath. The complainant claimed sum of Rs. 32066/- as the balance insurance amount with compensation of Rs.5,000/- and cost of Rs.3000/-. The opposite party/United India Insurance Company entered appearance and filed written version denying the alleged deficiency in service. The opposite party contended that the damaged insured building was assessed by the approved surveyor at Rs.5899/- and the opposite party has paid the said amount to the complainant/insured. Thus, the opposite party prayed for dismissal of the complaint.

2. Before the Forum below, the approved and licensed surveyor who submitted R1 survey report was examined as DWl. At the instance of the complainant an expert commissioner was deputed to assess the loss susta