M.THANIKACHALAM, J. - (1.) This is a petition under Sec.12 r/w 17 A(1) of the Consumer Protection Act, claiming a total sum of Rs.5,55,317/-, with interest thereon from 29.11.2001, on the basis of the following grounds (in brief).
(2.) The complainant, a manufacturer of steel tubes, had taken a fire insurance policy "C" No.411600/F/11046/2001, with the opposite party for the building factory, stock etc., for a total sum assured Rs.7,43,00,000/-, by paying premium, covering the period 1.5.2000 to 30.4.2001, and the risk covered includes damage due to cyclone also.
(3.) On 29.11.00, there was a heavy rainfall, storm cyclone, in which the major portion of the factory was destroyed, which was intimated to the opposite party, who deputed a surveyor. After the surveyor visited the factory, as requested by the surveyor, the complainant submitted a claim for Rs.8,57,572/- on 3.3.2001, but actually later incurred an expenses of Rs.8,04,258/-. The opposite party offered a sum of Rs.2,73,941/-, for which the complainant was not willing, whereas the opposite party being in a dominant position, harassing the complainant, obtained signature in full and final settlement of claim, which should be construed as coercion and compulsion.;