The main legal point established in the judgment is the entitlement of the insured to interest on the insurance claim amount from the date of filing the complaint, as per the provisions of the Consumer Protection Act, 1986.

ORDER :

1. Mr. Justice Surjit Singh, President (Oral) Present appeal is directed against the order dated 7.1.2014, of learned District Consumer Disputes Redressal Forum, Sirmour at Nahan, whereby in a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by the appellant against the respondents, direction has been given to respondent No. 1 to pay a sum of Rs. 1,45,496, on account of insurance claim, within thirty days, from the date of receipt of copy of order, failing which to pay the said amount, with interest at the rate of 9% per annum, from the date of filing of complaint, to the date of payment of the aforesaid amount of money.

2. Appellant constructed a polyhouse, by raising loan from respondent No. 2 and got the same insured, in the sum of Rs. 15.00 lacs, with respondent No. 1, through respondent No. 2, for the period from 28.10.2009 to 27.10.2010. Polyhouse was damaged due to storm in the months of September and October, 2010. Appellant alleged that copy of insurance policy had not been made available, either by respondent No. 1, or respondent No. 2, with the result that he was unaware of the terms and conditions of the policy. When polyhouse was damaged, appellant informed respondent No. 1, as also the respondent No. 2 and sought a sum of Rs. 2,39,549, which according to him was the extent of damage caused to the polyhouse. A Surveyor was deputed by respondent No. 1, who assessed the loss at Rs. 1,45,496.

3. Appellant filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that he was entitled to a sum of Rs. 2,39,549, on account of actual loss sustained by him, due to damage caused to the polyhouse and in addition he was entitled to a sum of Rs. 5.00 lacs, on account of loss of crops and also sought penal compensation to the tune of Rs. 5.00 lacs, with interest at the rate of 18% per annum. He also claimed compensation for harassment, besides seeking litigation expenses.

4. Complaint was contested by respondent No. 1 and it was pleaded that the amount of loss, as assessed by the Surveyor, was not received by the complainant and, therefore, he himself was to blame for the alleged financial loss due to polyhouse having remained out of use.

5. Learned District Forum, vide impugned order, has concluded that the appellant is entitled to a sum of Rs. 1,45,496, as assessed by the Surveyor and, consequently, passed the impugned order.

6. We have heard learned Counsel for the parties and gone through the record.

7. It is submitted by learned Counsel representing the appellant that copy of insurance policy had not been made available to the appellant, with the result that he remained unaware of the terms and conditions of the policy and because of his having not been apprised of the terms and conditions of the policy, cuts and deductions made by the Surveyor, while assessing the loss, should be disallowed. His submission is that loss was assessed by the Surveyor at Rs. 2,04,265, but he reduced it to Rs. 1,45,496, by reducing the amount, on account of depreciation, excess clause and value of salvage. Even if it be assumed that copy of insurance policy was not made available to the appellant, that would not entitle him to a higher amount of money than assessed by the Surveyor for a number of reasons, particularly when the appellant adduced no evidence, in support of his plea that the loss sustained by him, was to the tune of Rs. 2,39,549.

8. Polyhouse was insured with respondent No. 1, by respondent No. 2, who had loaned money to the appellant for construction of polyhouse. Respondent No. 1 supplied copy of insurance policy to respondent No. 2 and, therefore, it (the respondent No. 1) cannot be said to have committed any act of deficiency in service.

9. Another reason which would negate the aforesaid submission of learned Counsel for the appellant is that deductions from the gross assessment made by the Surveyor, are on account of depreciation of polyhouse, salvage value of damaged material a