ORDER

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This order will govern disposal of Appeal Nos.FA/23/14 & FA/23/23 as both these appeals filed under section 41 of the Consumer Protection Act, 2019 (hereinafter called “the Act” for short) by the complainant and the opposite party respectively, have arisen out of the same impugned order dated 19.01.2023 passed by District Consumer Disputes Redressal Commission, Jashpur (C.G.) (hereinafter referred as “District Commission ” for short) in Complaint Case No.CC/2021/10 whereby the complaint was partly allowed and the opposite party / SBI General Insurance Co. Ltd. was directed to pay the complainant within 45 days Rs.3,00,000/- (Rupees Three Lacs) against his insurance claim, compensation for mental agony Rs.5,000/- (Five Thousand) and cost of litigation Rs.1,000/- (One Thousand), failing which the amount was payable with interest @ 6% p.a. from the date of order till the date of payment. Feeling aggrieved the complainant as well as the opposite party insurance company have preferred these separate appeals. Hereinafter in this order, for the purpose of convenience, the parties will be referred as per their original nomenclature before the District Commission.

2. Brief facts, necessary for disposal of these appeals, are that the complainant with the help of home loan obtained from the State Bank of India constructed a house and for coverage of risk of the said house a long term home insurance policy was obtained from the opposite party.

During subsistence of the said policy on 02.06.2019 at about 11.30 pm fire broke out in the said house causing loss of motorcycle, scooty, cooler, electronic items, furniture and other household articles kept in the said house. The incident was intimated to the police on 03.06.2019. On Branch Manager/ Divisional Manager, SBI General Insurance Co. Ltd. Vs. Nityanand Yadav Date of Pronouncement:

21/06/2023 Both Appeals Partly Allowed Page 3 of 7 intimation to the insurance company they appointed a surveyor and on the oral instructions of the surveyor repairing work of the house was carried out in which Rs.5,64,661/- were incurred. With the bills and receipts of repairing expenditure claim form was submitted on 07.10.2019, which was not decided by the insurance company then legal notice was sent. In reply to the said legal notice the insurance company vide letter dated 19.02.2021 informed that they are ready to pay Rs.1,94,981/- as per the assessment of the surveyor. Then alleging deficiency in service on the part of the opposite party complaint was filed seeking direction for payment of repairing cost of the house Rs.5,64,661/-, compensation for mental agony Rs.1,00,000/- and compensation for financial loss Rs.1,00,000/- along with interest @ 12% p.a. from the date of submission of claim and cost of litigation.

3. The opposite party in their written version denied the allegation of deficiency in service leveled against them and averred that on intimation of incident an independent surveyor duly licensed by the IRDA was appointed who assessed the gross loss to the tune of Rs.4,60,753/-, value of salvage was assessed as Rs.5,000/- which was deducted and then net loss after standard deductions under the head under insurance, was assessed at Rs.1,94,981/-. The said amount was offered to the complainant as full and final settlement of claim after completion of the formalities and submission of certain documents including consent/ discharge voucher, which were not submitted even after several remainders then ultimately the claim was closed, which was intimated to the complainant vide letter dated 31.12.2019 and in doing so no deficiency in service was committed. They prayed that the complaint be dismissed with punitive cost.

21/06/2023 Both Appeals Partly Allowed Page 4 of 7

4. Learned District Commission considering the rival contentions of both parties and on t