STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/227/2024 UNITED INDIA INSURANCE CO LTD PRESENT ADDRESS - FIRST FLOOR THELLIRETH CHAMBERS T K ROAD PATHANAMTHITTA ,KERALA.

.......Appellant(s)

Versus YOHANAN VARGHESE PRESENT ADDRESS - THATTAKKAD KOIPURAM PATHANAMTHITTA ,KERALA.

.......Respondent(s)

BEFORE:

SRI.RADHAKRISHNAN.K.R , PRESIDING MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 19/03/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.227/2024 JUDGEMENT DATED : 19.03.2025 (Against the order in C.C.No.158/2019 on the files of the DCDRC, Pathanamthitta)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:

st The Divisional Manager, United India Insurance Company Limited, 1 Floor, Thellireth Chambers, T.K. Road, Pathanamthitta - 689 645 (by Adv. T.J. Lakshmanan)

Vs.

RESPONDENT:

Yohannan Varghese residing at Kuttikattu Kizhakkethil, Thattakkad, Koipuram, Pathanamthitta - 689 645 (by Advs. Peelipose Thomas & Abraham G.)

JUDGEMENT

SRI. K.R. RADHAKRISHNAN : MEMBER This is an appeal filed under Section 41 of the Consumer Protection Act, 2019, by the opposite party in C.C.No.158/2019 on the files of the District Consumer Disputes Redressal Commission, Pathanamthitta (the ‘District Commission’ for short). As per the order dated

20.11.2023 the District Commission allowed the complaint and directed as under:

1. “The opposite party is directed to pay Rs.3,81,946/-(Rupees Three Lakhs Eighty One Thousand Nine Hundred and Forty Six only) with interest @9% to the complainant from the date of filing the complaint

2. The opposite party is directed to pay an amount of Rs.25,000/-(Rupees Twenty Five Thousand) as compensation and Rs.10,000/-(Rupees Ten Thousand only) as costs to the complainant within 30 days from the date of receipt of this order failing which both the amount will carry interest @10% per annum from the date of order till realization.”

2. The brief details of the complaint are as follows:

The complainant had taken a fire insurance policy No.101700/11/11/143426576 from the opposite party to cover his house for the period from 13.03.2012 to 12.03.2022 for a sum insured of Rs.20,00,000/-(Rupees Twenty Lakhs only). The policy was taken through State Bank of Travancore (merged with State Bank of India) from where he had taken housing loan for his residential building. The house was affected in the floods of August 2018 on 15.08.2018 and on subsequent days which resulted in severe damages to the house. The complainant submitted the claim to the opposite party claiming an amount of Rs.4,43,446/- (Rupees Four Lakhs Forty Three Thousand Four Hundred and Forty Six only) towards repair charges of his house. A survey was arranged by the opposite party insurer and on the basis of the survey report the opposite party paid an amount of Rs.61,500/- (Rupees Sixty One Thousand Five Hundred only) only. According to the complainant it is much less than the actual loss suffered by him. Hence, he filed the complaint claiming the balance amount of Rs.3,81,946/- (Rupees Three Lakhs Eighty One Thousand Nine Hundred and Forty Six only)

with compensation and costs.

3. Notice was issued to the opposite party who appeared and filed their version.

As per the version, the opposite party submitted that the damage to the building was inspected by a surveyor licensed by IRDAI who assessed the net loss as Rs.43,270/- (Rupees Forty Three Thousand Two Hundred and Seventy only) after reducing the mandatory deductions. As a special case mandatory deductions were not made and an amount of Rs.61,500/-(Rupees Sixty One Thousand Five Hundred only) was paid to the complainant on 21.01.2019. The claim is settled as per the terms and conditions of the policy and hence there is no deficiency in service on the part of the opposite party. Hence, they prayed for dismissal of the complaint.

4. The evidence in the complaint consists of oral evidence o