ORDER :

1. Heard learned counsel for the parties.

2. The judgment and order dated 31.07.2017, passed by the Jammu and Kashmir State Consumer Disputes Redressel Commission (hereinafter referred to as the Commission), is challenged in this appeal.

3. The argument of the learned counsel for the appellant is that the stocks insured were under-valued and that the Commission has manifestly erred in law in disallowing the amount deducted by the Surveyor on account of under insurance.

4. The stocks were insured for a total sum of Rs. 10.00 lacs and it is admitted by the parties as well as the Surveyor in his report that the loss was total.

5. One of the condition of the insurance policy provides where the property is of greater value than the sum insured, then the insured shall be considered as being his own owner for the difference and shall bear a rate able proportion of the loss accordingly, but where such fire or destruction or damage is not less than 85% of the collective value of the property insured, the above condition shall not be of any purpose or effect, meaning thereby that the condition of the under valuation would not apply where there is a total loss or the loss is above 85% of t