- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 16.1.2004 in Complaint No. 58/2000 by District Consumer Disputes Redressal Forum (hereinafter called the District Forum for short) directing the respondent/insurer to pay to the complainant/appellant compensation of Rs. 51,000/ - with further direction that interest @ 9% p.a. would be payable thereon from 13.3.2000. Rs. 500/ - as cost was also awarded. It was further directed that in case the above amount is not paid/deposited within 2 months, interest @ 12% p.a. would be payable.
(2.) IT is no longer in dispute that the complainant had obtained Fire Policy A from the O.P./insurer. It is also not in dispute that during the currency of the policy, there was a typhoon and tempest resulting in damage to the factory building of the complainant/appellant as well as Granite Tiles etc. kept in the said factory.
(3.) THE complainant claimed damages to the extent of Rs. 3,98,560/ - for the damage to the machinery and building while Rs. 50,000/ - were claimed by him, for mental torture. Thus total amount of Rs. 4,48,560/ - were claimed by the complainant. The complaint was opposed by O.P./respondent. According to the averments in the written version only stock in trade, was insured under the policy issued by O.P./insurer covering the risk from 16.4.1999 to 15.4.2000. It was also averred that building was not covered under the policy. It was further averred that only 850 pieces of finished Granite Tiles were damaged and that the said damage was assessed at Rs. 51,000/ -.;