IMPORTANT POINT
Maximum depreciation cannot be applied by Insurance Company without any cogent and reliable evidence.

ORDER

Kumkum Rani, Judicial Member II—This complaint has been filed on behalf of the complainant Sh. Atul Jindal for getting the balance insured amount to the tune of Rs. 21,62,840/- alongwith costs of suit and transportation fees Rs. 40,000/- and compensation for mental and fiscal agony to the tune of Rs. 5,00,000/- alongwith interest @ 12% per annum.

2. The facts giving rise to the present complaint are as such that the complainant is working as a chartered accountant and possessed an office at 316 Vivek Vihar Colony, Haridwar in the building of his wife Smt. Sangita Jindal. The complainant took an insurance policy in the name of Atul Jindal and Associates for a sum of Rs. 29,01,000/- for the period from 29.11.2013 to 28.11.2014 vide insurance policy No. 34090011130100000284. According to the complaint, it had been intimated by one of the passerby on dated 04.05.2014 at about 6:15AM that some smoke was coming out from the window of the office of complainant. The complainant immediately came out from his house and noticed that fire flames were coming out from his office. On opening the main door of his office, the fire flames spread all over the building. Information was immediately given to the fire brigade and the fire tenders reached at site within 10 minutes and started fire extinguishing operations; the fire had been put under control within one hour. When the complainant entered in his office after the control of the fire, he noticed that all the furniture, fixture and fittings consisting of furniture, partitions, tables and chairs, computers and laptops, AC’s, fridge, kent water purifier, fans, serve, UPS, EPABX, CCTV system, office equipment’s, his library, handy cam, original software CDs and all the items kept in the office were burnt and badly damaged. The complainant gave an application on dated 06.05.2014 to the fire office as well as Kotwali Jwalapur and Surveyor, The New India Insurance Co. alongwith quotation of all the office equipments and the items and other items kept in the office of the complainant and the complainant was assured by the insurer that after inspection, the entire insured amount would be paid to the complainant after obtaining a cancelled blank cheque from the insured. After such assurance, the complainant gave a cancelled blank cheque to the insurance company and on dated 04.09.2014 without intimating the complainant, the insurance company transferred Rs. 7,38,160/- in his bank account No. 11065 whereas the total costs of the damaged items was to the tune of Rs. 29,01,000/-. Thereby the insurance company has paid less amount to the complainant. The complainant has suffered mental and fiscal loss on account of fire in his office. The complainant comes within the definition of consumer and the act not paying the entire insured amounts to deficiency in service as well as unfair trade practice on the part of the insurer. In such circumstances, the complainant has submitted his complaint for getting the insured amount from the insurance company.

3. The insurance company – opposite party has filed its written statement alleging that the necessary claim intimation of fire incident in the office of the complainant was given by the complainant. The complaint of the complainant is not legally maintainable and is liable to be dismissed. On the basis of estimated value of the office furniture and fixture and various office equipments declared by the complainant to cover the same under the Standard Fire and Special Perils Policy, necessary policy was issued to cover the same for commencing the risk period effective from 29.11.2013 to 28.11.2014 for the total sum insured value of Rs. 29,01,000/- subject to the terms and conditions of policy. On receipt of telephonic intimation about the fire incident in the office of the complainant on dated 04.05.2014, immediately Sh. Bhopendra Singh, an independen