ORDER

V.B. Gupta, Presiding Member - Petitioner by way of an affidavit sent by post, has challenged order dated 21.1.2011, passed by State Consumer Disputes Redressal Commission, Chennai (for short, 'state Commission') in FA No. 45 of 2009. This affidavit has been treated as a revision petition by the Registry.

2. Brief facts are that petitioner/complainant had taken house insurance with the respondent/opposite party for one year from 11.8.2005 to 10.8.2006. Due to heavy rain on 27/28.10.2005 and 5/6.11.2005, the flood water entered into the house, causing severe damage, not only to the building, but also to the household articles, for which, a claim for Rs. 38,050 was lodged, before the respondent. The respondent instead of paying the amount, as claimed, paid only a sum of Rs. 17,844 and obtained a discharge voucher on 11.4.2006, as if, the petitioner has failed to prove the damages. Premium was collected on the basis of the accepted value and having collected the premium, the respondent is not entitled to reject the claim, when the value of the goods is claimed, based upon damage. Since, respondent has failed to pay the amount, it had committed deficiency. Therefore, petitioner is