IMPORTANT POINT
Approved Surveyor’s report may be foundation for settlement of claim by Insurer but such report is neither binding upon insurer or insured.

ORDER

Anoop Kumar Mendiratta, Member—Present revision petition has been preferred on behalf of the Insurance Company/(opposite party in the complaint), assailing Order dated 29.09.2017 passed by the Ld. Consumer Disputes Redressal Commission, Gujarat in Appeal No. 281 of 2011.

2. In brief, Complainant who was doing business of manufacturing of gas kits and oil engines etc., purchased a ‘Standard Fire & Special Peril Policy’ on 22.03.2002 from the Opposite Party namely United India Insurance Co. Ltd., in respect of stocks in process and stock in go-down and two other policies covering the workshop, building, plant and machinery. During the currency of the policy on 11.04.2002 on account of accidental fire in the factory there was heavy loss of raw-material, manufactured material, aluminum, leather, machinery as well as the building in which factory was being run. The accidental fire was also reported to the police. On being informed, Sh. R.J. Jajpuira Kiraj, was appointed as surveyor for assessment of loss by the Insurance Company. Surveyor assessed the loss to the tune of Rs.2,87,000/- vide survey report dated 25.06.2002. The same was offered by the Insurance Company to the complainant vide letter dated 03.07.2002. Complainant further wrote letter dated 07.10.2002 to the Insurance Company for reconsideration of claim on the ground that as per stocks statement submitted to the bank on 06.04.2002, the goods and stock in trade were valued at Rs.19,28,198/-. However, the same was declined by the Insurance Company.

3. Aggrieved against the assessment of claim made by the Insurance Company a complaint was initially preferred before the State Commission which was withdrawn to prefer the same before the District Forum. The complaint was disposed of by the District Forum vide Order dated 06.03.2004 holding that the complainant is not a ‘consumer’ within the meaning of Section 2(1)(d) of the Consumer Protection Act, 1986 as policy in question was purchased for commercial purpose. Aggrieved against the Order dated 06.03.2004 passed by District Forum, an appeal was preferred before the State Commission which upheld the order passed by the District Forum, vide Order dated 28.09.2004. The same was further challenged before the National Commission, and the matter was remanded vide Order dated 04.08.2010, with directions to decide the complaint on merits. In the second round of litigation, Ld. District Forum after consideration on merits, allowed the complaint and the Insurance Company was directed to pay Rs.18,16,025/- to the complainant with running interest @ 8% p.a. from 04.10.2002 till realization. Appeal No. 281 of 2011 against the Order passed by the Ld. District Forum stands dismissed by the Ld. State Commission vide impugned Order dated 29.09.2017.

4. Aggrieved against the Order passed by the Ld. State Commission, present Revision Petition has been preferred by the Insurance Company I Opposite Party. Ld. Counsel for the Insurance Company clarifies that revision petition only challenges the issue of non-acceptance of assessment of loss made in terms of the survey report, which did not find favour with the District Forum as well as the State Commission.

5. Ld. counsel for the opposite party I Insurance Company (petitioner herein) contends that the assessment made in the survey report could not have been overlooked by the District Forum and State Commission since the surveyor categorically observed that the stocks were not perishable and cannot be burned to ashes, and the same were affected due to water. It is urged that Insurance Company accordingly agreed with the recommendations of the surveyor and approved the claim for Rs.2,87,000/-. Further there are no tangible reasons to differ with the assessment made by the surveyor.

He further contended that Insurance Company appointed Kirj Consultants to survey and assess the loss, who in turn took the service of Mr.Sunil A. Ganatra for the purpose of preparing of the inventory of the damaged stoc