The court established that a consumer can claim under the Consumer Protection Act for insurance disputes, even with commercial intent, emphasizing assessment fairness by the appointed Surveyor.

1. The present Complaint is filed under S.21(a)(1) of Consumer Protection Act, 1986 . The Complainant is a Limited Public Company incorporated under the Companies Act, 1956. The Complainant is predominantly engaged in the manufacture and trading of all types of decorative paints, industrial solvents, thinners and other allied products.

2. The Complainant purchased Insurance Policies from the Opposite Party as per following details:

3. The case of the Complainant is that on 15.11.1998, at about 6.00 p.m., fire broke out in the Building of the Plant when the manufacturing process of rotating the stirrer inside the mixer was going on. The fire was either due to short circuit or static electricity. All raw materials, semi - finished & finished goods, packing materials, machineries & accessories and office records such as stock, purchase & sales register and other documents and accounts lying in the building of the factory were completely burnt. The Building was also extensively damaged in fire. On 16.11.1998, FIR was lodged in the local Police Station and the Insurance Company was also intimated about the fire incident. The Opposite Party appointed M/s. C.P. Mehta and M/s B.P. Shah & Associates as Surveyors. The Surveyors inspected the site of fire on 17.11.1998. All the required documents and information was provided to the Surveyor. The Opposite Party also appointed Loss Prevention Association (LPA) to investigate the matter, who visited the Plant on 7.2.1998 and observed that the raw materials, semi - finished, finished goods and packing material were fully damaged along with extensive damage to the Building, Machinery and Fittings and assessed the loss to the tune of Rs. 1.5 crores. On 26.11.1998, The Opposite Party also deputed Tariff Advisory Committee (TAC) to carry out the investigation, who observed heavy damage to the Building, electrical installation, Stocks and Plant & Machinery. The Opposite Party also deputed C.P. Mehta & Co. and B.P. Shah & Associates as Surveyors and Loss Assessors, who submitted their final report dated 18.7.2002. The Complainant lodged the claim, vide letter dated 9.12.1998. Thereafter, the Complainant, vide letter dated 13.2.1999, sent a revised claim of Rs. 1,63,19,035.37 to the Opposite Party. The Surveyor, vide letter dated 16.11.2000, asked the Complainant to furnish final claim after affecting the deductions allowed by the Central Excise Department. The Complainant, vide letter dated 23.11.2000, furnished final claim of Rs. 1,59,68,010.07.

4. The Surveyor, vide Interim Report dated 4.3.1999, observed that the entire stock of raw material, semi - finished goods, finished goods and packing material was severely burnt and that the buildings was severely damaged and needed replacement. The Surveyor also recommended interim part payment of Rs. 40 lakhs, which the Opposite Party failed to do. The Complainant, vide letter dated 25.6.1999 also requested the Opposite Party to expedite release of interim payment of Rs. 40 lakh but the Opposite Party did not do anything. The Complainant, vide letter dated 29.9.1999 again requested the Opposite Party to release interim payment of Rs. 40 lakh and direct the Surveyor to submit the Final Survey Report. The Opposite Party, however, vide letter dated 16.12.2003, offered to settle the claim at Rs. 70,49,242 towards full and final settlement of the claim. The Complainant disputed the amount arrived at by the Opposite Party. The Opposite Party also delayed settlement of the claim. Alleging deficien