Per Shri Narendra Kawde, Hon’ble Member Heard Ms.Sneha Dwivedi, Learned Advocate for the appellant and Ms.Rashmi Manne, Learned Advocate for the respondent. 2. This appeal is directed as against the order dated 02/08/2002 passed in consumer complaint No.390/1999 (Ras Resorts & Apart Hotels Ltd. V/s. United India Insurance Co. Ltd.), by District Forum, South Mumbai, thereby allowing the consumer complaint with directions to pay an amount of `65,051/- together with interest @ 10% p.a. effective from 10/05/1999 till date of realization of payment. District Forum also directed to pay an amount of `5,000/- as compensation and `500/- as costs of the litigation to the complainant. 3. Aggrieved with the impugned order, appellant/United India Insurance Company Ltd. (hereinafter referred to as ‘Insurance Company’ for brevity) preferred this appeal on the ground that the claim of `78,949/- under the insurance policy on account of damage due to flood was accepted by respondent/complainant. Therefore, there is no case to claim additional amount as directed by the District Forum under the impugned order. 4. Admitted facts are that the respondent/complainant subscribed to the fire policy covering damage due to other perils like flood. The policy was valid for period 28/08/1998 to 27/08/1999 with sum assured of `6,34,000,00/- (Rupees Six Crores Thirtyfour Lakhs only) by paying premium of `61,720/-. There was flood in and around the vicinity of the insured premises because of heavy rains resulting into damage of the insured goods stored in the complainant’s premises, namely, “Ras Resort & Apart Hotels Ltd.”. On receiving intimation of damage due to heavy rains and flood, the Insurance Company has appointed Surveyor, who submitted his report after conducting survey, estimating the total loss of `1,44,000/- though claim was to the tune of `4,46,423/-. Amount of `78,949/- was settled and paid by the Insurance Company as claim under the policy which was received “Under Protest” by the respondent/complainant, with claim for receiving balance amount as recommended by the authorized Surveyor. Such balance amount works out to `65,051/-. 5. The Learned Advocate of the Insurance Company submitted that the amount of `78,949/- was paid and received by the respondent/complainant as full and final settlement of the claim arose due to loss sustained on account of heavy rain and flood which was covered under the insurance policy. However, there is no documentary evidence to show that part payment accepted by the respondent/complainant was in full and final settlement. Learned District Forum has observed and rightly so that part amount accepted by the respondent/complainant was under protest. There is no complete complaint compilation available before us. Learned Advocate of the respondent submitted that loss estimated by official surveyor was to the tune of `1,44,000/-. However, appellant/Insurance Company released only part payment of `78,949/- on account of loss sustained and received under protest by the respondent/complainant. 6. In the facts and circumstances, we do not find any merit in the appeal and the impugned order of the District Forum cannot be faulted with. We hold accordingly and pass the following order :- -: ORDER :- 1. Appeal stands dismissed. 2. The order of the District Forum is hereby confirmed. 3. Copies of the order be furnished to the parties. Pronounced Dated 26th July 2012. |
