FOOTWEAR CENTER Vs. NEW INDIA ASSURANCE CO LTD
LAWS(NCD)-2020-7-63
NCDRC
Decided on July 13,2020

Footwear Center Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents




JUDGEMENT

V.K. Jain,J. - (1.) The petitioner/complainant obtained a standard fire and special perils insurance policy from Respondent No. 1 United India Assurance Col. Ltd. for a sum assured of Rs. 8 lakhs for the period from 17.12.2007 to 16.12.2008. A fire broke out in the insured premises resulting in loss of stock kept therein.
(2.) A surveyor was appointed by the insurer who assessed the loss to Rs. 3,20,740/-. The insurer offered an amount of Rs. 2,15,775/- to the complainant which he accepted by way of a consent letter dated 31.08.2008. A copy of which has been filed by the insurer along-with its written version.
(3.) A cheque of Rs. 2,15,775/- dated 18.12.2008 was accordingly sent to the complainant which was received by the complainant on 26.12.2008. The cheque was got encashed by the complainant. Thereafter the complainant sent a letter dated 26.12.2008 delivered by hand to the insurer on 05.01.2009 alleging therein that the amount of Rs. 2,15,775/- was not acceptable to him and he had retained the cheque under protest. The complainant/petitioner thereafter approached the concerned District Forum by way of a consumer complaint.;


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