V.K. Jain, Presiding Member—The complainant, which is running a resort at Village Shikharkpur, P.S. Rajarhat, District 24 Paraganas (South) of West Bengal and obtained two insurance policies from the OP; one being policy no. 100900/11/08/3300000420 for the period from 16.09.2008 to 15.09.2009 in respect of the buildings of the said resort with plant/machinery, accessories and furniture etc. and the other being policy no.100900/11/09/3100000270 for the period from 13.07.2009 to 12.07.2010 in respect of two hotel buildings at the aforesaid resort with stock. At about 5 pm, on 23.08.2009, a mob of about 200-250 persons entered the resort and damaged/destroyed the insured property resulting in loss to the complainant. The mob was controlled by the police which was called to the resort and the fire was extinguished by the fire department. The incident was reported to the police and was registered vide FIR No.144 of 2009.

2. On being informed of the incident, the OP appointed one Mr. K.B. Kuri, for assessment of the loss. A claim of Rs.4.6772 Crores was lodged by the complainant with the insurer. The surveyor vide his report dated 16.06.2011, assessed the loss at Rs.202.216 l