IMPORTANT POINTS
(1) Claim - The surveyor certainly was required to submit his claim within 30 days and in any circumstance submit its report within 30 days and extension can only be sought with information to the insured.
(2) Physical verification - surveyor has not only violated Regulation (2) but it had also not done the needful and made no efforts to physically verify the actual loss by segregating the damaged goods.
(3) Non standard basis - State Commission has rightly rejected the calculation done by the surveyor in his report and relying on the documents supplied by the complainant, granted the compensation on non standard basis.

ORDER

Deepa Sharma, Presiding Member—The present complaint has been filed against the order of the State Commission dated 14.11.2017 whereby the complaint of the respondent being complaint no. 37 of 2012 was allowed.

2. The undisputed facts of the case are that respondent is a company incorporated under the Companies Act having its registered office at Soma House, Khatipura, Jaipur and had filed the complaint before the State Commission through the Authorised person. The respondent / Company ( hereinafter referred to as ‘insured’) who has filed the complaint before the State Commission was selling product in the name of “Soma Shop” and was having one of his shop at K/44, Connaught Place, opposite Plaza Cinema, New Delhi. The insured obtained a policy from the Appellant / Insurance Company (hereinafter referred to as ‘Insurer’ ) for the period 01.04.2010 to 31.03.2011 covering all the risks of arson, fire break, terrorist activities, earth quake etc at an insurance premium of Rs.7807/- and insured stocks worth Rs.40,00,000/-, furniture with all fittings worth Rs.3,00,000/- and other contents worth Rs.5,00,000/- and thus insured total property of Rs.48,00,000/-. The policy no. 243308/11/2011/8 was issued to the insured. After some time, the insured fitted glass doors at the said shop for beautification purpose valuing Rs.3,00,000/-. It paid additional premium of Rs.3309/- and it was insured under policy no.2443308/48/2010/04 in respect of same shop. Both the policies were thus of total value of Rs.51,00,000/- covering all kind of risks. It is also not in dispute that before the issuance of said two insurance policies, on behalf of insurer, the competent officers had physically inspected the accounts and business place of the insured. There was a fire in the night of 11th May, 2010 in the said shop and air condition plant, furniture, computer counter, glass gates, partition displayed items and also products stored for sale in the said shop got damaged in the fire. The fire department was immediately informed and they reached at the spot within minutes and extinguished the fire at the spot. Two fire tenders had reached the spot. The claim of Rs.47,22,583/- was submitted to the insurance company on the next date i.e.12.05.2010. After deducting the salvage value of Rs.2,90,000/-, the loss was valued at Rs.44,32,583/-. The surveyor was appointed immediately by the insurer on the same day i.e. 12.05.2010 who visited the place of incident on the same day and inspected the shop in the presence of Suresh Nayar, Director of Soma Shop, General Manager Sh. S.C. Gupta, Manager Prashant and staff Pradeep and guard Shivan. The surveyor submitted its report dated 11.01.2011 to the insurer. The surveyor had assessed the loss of stocks at Rs.4,00,000/- and other loss at Rs.2,54,373/- and in aggregate, loss was calculated at Rs.6,54,373/- and after deducting Rs.10,000/- as excess clause, the surveyor had finally assessed loss at Rs.6,44,373/- and accordingly submitted its report to the insurer. The insurer vide its letter dated 24.03.2011 wrote a letter to the insured along with discharge voucher to send the duly signed discharge voucher back. Aggrieved by the fact that loss was not properly assessed by the insurer, the complainant had filed its claim before the State Commission.

3. It was submitted by the complainant that as per IRDA Regulations, 2002 it was the duty of the respondent to provide prospectus after submitting proposal form but the same was not done by the insurer. It is further submitted that neither the surveyor nor the insurer had submitted its report within the period provided under the rules formulated under IRDA and despite their repeated requests to the insurer and panel surveyor for determination and payment of claim amount, nothing was done till 24.03.2011 when the letter of determination of the amount of Rs.6,44,373/- was received from the insurer. It was contended that all the information sought for by the insurance compan