A Surveyor's report is not sacrosanct and can be departed from, but such departure requires cogent evidence; stock loss cannot be inferred from financial statements alone without a stock register.

ORDER

1. Present Revision Petition preferred on behalf of the Opposite Party/New India Insurance Co. Ltd. challenges Order dated 15.11.2017 passed by the learned State Consumer Dispute Redressal Commission, Bihar, in appeal no. 152 of 2015, whereby the appeal filed by Insurance Company was partly allowed and sum of Rs. 18,00,000/- awarded towards loss by the learned District Forum was reduced to Rs. 15,00,000/- along with compensation and litigation cost of Rs. 1,00,000/-. The amount was further directed to be paid within two months failing which it shall be payable with interest @ 8% p.a. from the date of filing of complaint till realization.

2. Petitioner/lnsurance Company and respdndent/complainant are hereinafter referred as OP and complainant respectively as appearing in the complaint, for sake of convenience.

3. In brief, complainant/respondent is Proprietor of Basantjit Oil Extraction situated at Sasaram and dealing with manufacturing of oil from bran. Complainant had taken a Standard Fire and Perils Policy from the Opposite arty/lnsurance Company for the period 21.05.2009 to 20.05.2010. On 07.05.2010 on account of cyclone (charkawati hurricane) the factory of the complainant was destroyed. The incident was intimated to the Insurance Company/opposite party and a claim was raised with respect to insured goods, consequent upon which a surveyor was deputed by the Insurance Company. A final survey report was submitted by the Surveyor assessing the loss to the tune of Rs. 1,17,050/- though as per complainant the claim was not finally assessed. Aggrieved against non-determination of claim, complaint No. 67 of 2012 was filed by the complainant before the learned District Forum, which awarded an amount of Rs. 18,00,000/- (Rupees Eighteen Lacs Only) towards the loss, with interest @ 9% p.a. from the date of Order till realization. The said Order was assailed by the Insurance Company/OP in FA No. 152 of 2015 before the learned State Commission, whereby the Order passed by learned District Forum was modified and amount of Rs. 15,00,000/- was directed to be paid along with compensation and litigation cost of Rs. 1,00,000/- as already noticed above. Aggrieved against the same, present Revision Petition has been preferred on behalf of the Insurance Company/Opposite Party.

4. The complaint case was contested by the Insurance Company/Opposite Party on the ground that complainant failed to submit the requisite documents as demanded by the surveyor and is willing to settle the claim in terms of assessment of loss made by the surveyor to the tune of Rs. 1,17,050/-.

However, learned State Commission concurred with finding of learned District Forum and held that assessment of loss by the Surveyor is incorrect in view of evidence led on record as the Surveyor having accepted the loss, had wrongly not considered the documents relating to sales-tax returns, sales register, retail invoice along with monthly stock statement submitted to bank with balance sheet and profit and loss account. The loss of the stocks was further assessed at Rs. 15,00,000/- (Rupees Fifteen Lacs Only) on the basis of the supporting documents instead of Rs. 18,00,000/- as assessed by the learned District Forum. The reasons recorded by learned State Commission in para 5 to 7 of the impugned Order dated 15.11.2017, may be reproduced for reference:-

4. Heard the counsels for the parties. Pe