PER MR PREM NARAIN, PRESIDING MEMBER

        This consumer complaint has been filed by North India Coating Pvt., Ltd., against the opposite party – United India Insurance Company Ltd., alleging deficiency on the part of the opposite party.
 

2.     The brief facts of the case are that on 02.07.2005 a fire broke out in the insured premises of the complainant as a consequence of which entire plant and machinery and the building shed got damaged along with loss of stocks.  FIR was lodged and intimation was given to the OP – Company. Complainant lodged claims with the opposite party-company under two policies one being for plant, machinery and building and another being for stock. The present complaint is in respect of the claim submitted for the loss of stocks. A claim of Rs.3,98,37,691/- was filed by the complainant under this policy. On 28.12.2005, final survey report was submitted by the surveyor to the opposite party. The opposite party had approved the claim for Rs.1,28,51,129/- and paid this amount in two instalments on 07.06.2006 and 23.06.2006. Complainant has alleged deficiency in service as the surveyor in his report has wrongly deducted/ excluded castor oil worth Rs.2,33,17,850/- on the ground that payment for such purchase was not made in cash rather it was adjusted with the debtors’ accounts. Deduction for other purchases worth Rs.15,44,286.76 has been made by the surveyor on the ground that since the deduction for the castor oil was made, so materials used in addition to castor oil are also to be ignored. Treating these deductions as wrong deduction, the present consumer complaint has been filed, wherein the complainant has sought the following reliefs:

(i)     The opposite party insurance company to pay compensation in the tune of Rs.3,98,37,691/- as claimed in paragraph 9 of the complaint;

(ii)    The opposite party to pay an interest at the rate of 18% per annum from 30.06.2008 (date of filing of the complaint), pendentlite and future interest till the claim is fully satisfied and paid to the complainant;

(iii)    To pay a sum of Rs.1,50,000/- towards cost and expenses incurred in filing of this complaint;

(iv)   The opposite party by way of an ad interim injunction order to pay an amount of Rs.2,48,62,136.76 to the complainant; and

(v)    And pass such other and further orders, as this Hon’ble Commission may deem fit and proper in the facts and circumstances of this case.

3.     The complaint has been resisted by the insurance company by filing written statement. It has been stated that the amount assessed by the surveyor has already been paid to the complainant and the complaint has been filed for the amount which has been disallowed by the surveyor.  The insurance company has agreed with the report of the surveyor and, therefore, this amount cannot be paid. It has been requested to dismiss the complaint.

4.     Both the parties have filed their evidence by way of affidavits which have been taken on record.

5.     Heard the learned counsel for both the parties and pursued the record. The learned counsel for the complainant stated that the complainant was kept in the dark and was never given the surveyor’s report despite repeated requests and reminders. A copy of the same has been given to the complainant only on 20.09.2007 when the same was asked for under the RTI Act. It was the mandatory duty of the opposite party to have given the copy of the surveyor