IMPORTANT POINTS
(1) Malafide intention - It appears that with some malafide intention, the Surveyor has rejected some of the genuine claims made by the Complainant.
(2) Imaginary thoughts - The Surveyor ought to have assessed the loss on the basis of actual account statements and the material lying at the spot and not on the basis of his own imaginary thoughts.

ORDER

These two cross First Appeals arise out of the Order dated 31.10.2012 passed by the State Consumer Disputes Redressal Commission, Punjab at Chandigarh (hereinafter to be referred to as the ‘‘State Commission’’) in Consumer Complaint No. 33 of 2007. By the Impugned Order, while partly allowing the Complaint filed by the Appellant in First Appeal No. 42 of 2013/Complainant in the Complaint, the State Commission has directed the United India Insurance Company Ltd./Opposite Party in the Complaint (hereinafter referred to as the “Insurance Company”) to pay a total sum of Rs.8,27,082/- to the Complainant towards the loss suffered by it on account of fire incident at the insured premises.

2. Since both the Appeals emanate from the same Impugned Order and between the same Parties, these are being disposed of by this Common Order.

3. Briefly put, the material facts, giving rise to the filing of the present Appeals, as culled out from the Complaint, are that the Complainant Company obtained two Insurance Policies from the Opposite Party No.2 Insurance Company. One Policy was taken for the stock of the cattle feed and the raw material in the shape of cotton seed, scrap of chips, broken/damaged grains of all kinds including wheat, husk and other raw material in the shape of finished/semi-finished/stocks while in process and lying stored in the insured premises. The Second Policy was taken for the entire building occupied as Oil Extraction Plant-cum-Cattle Feed Factory. The said Policies were valid for the period from 26.09.2006 to 25.09.2007.

4. In the intervening night of 21.10.2006 and 22.10.2006, on the eve of Diwali, a fire broke out in the insured premises of the Complainant which caused a huge damage to the raw material and packing material. The roof of the Godown was also fallen. The Fire Brigade was informed about the incident of fire and it reached at the spot and fire was extinguished by them. On the morning of 22.10.2006, the matter was reported to the Police and DDR was entered in the Police Station, Sadar, Khanna. On the same very date, the Opposite Party Insurance Company was also informed about the fire Incident through an Intimation Letter. Upon intimation, the Insurance Company appointed the Investigator, Shri Hari Charan Kalia who vide letter dated 29.10.2006 sought some documents from the Complainant Company. The Complainant Company vide letter dated 04.11.2006 informed the Divisional Manager that the Surveyor and Loss Assessor had already visited the factory, photographs of the premises had been taken and the damaged stock was checked. Hence, the Complainant Company sought permission to restart the factory to avoid further loss and also requested the Insurance Company to settle the claim as early as possible. However, the another Surveyor and Loss Assessors, Rajesh Nakra & Company, vide their letter dated 07.11.2006 requested the Complainant Company to furnish the details/documents of estimate of loss of stock, item-wise detailed loss of the Building with schedule of measurement and supporting evidence of a Civil Engineer/Architect. Therefore, the Complainant appointed the Bhambri Associates to evaluate the loss of the Building which submitted his Detailed Valuation Report on 05.12.2006. The Complainant Company supplied all the requisite documents to the Surveyor. However, it was alleged by the Complainant Company that the said Surveyor demanded a bribe of Rs.2 lakh which was not acceded to by them. Later on, the said Surveyor was arrested red-handed by the Police in another bribe case. The Complainant Company approached the office of the Insurance Company for the quick relief but on the contrary, the Insurance Company appointed another Investigator, Shri Harjit Singh, Retired Superintendent of Police without their knowledge. The said Investigator visited the factory premises, employees and their relatives al