J. M. Malik, Presiding Member—The entire case swirls around the report of the Surveyor. To confound his report, solid and incontrovertible evidence is required, unfounded suspicions must not lead the fora astray.

2. The complainant, Shri Manoj Kumar, is having electricity shop in the name and style of M/s Mandal Ready Made Store situated at Kesari Market, Munhar. He obtained insurance policy from Oriental Insurance Company Co. Ltd. A fire broke out due to short circuit of electricity, on 27.03.2008. Shri Ajay Kumar Ojha was deputed as a Surveyor. The Surveyor assessed the value for the net loss on account of stock and trade to the tune of Rs.49,495/- and Rs.50,000/- on account of furniture and fixture, fitting and after deduction of the Excess policy for Rs.10,000/- came to the final liability of Rs.89,405/-.

3. The stock register and sale register were burnt in the fire. The assessment of loss was calculated on the basis of purchase and sale shown in VAT returns of three financial years. It was mentioned that the complainant had made an exaggerated claim and he had produced