M.THANIKACHALAM J. - (1.) The complainants claim was dismissed by the District Forum, as per the order dated 21.10.2008 and the result is this appeal.
(2.) The complainant/appellant had taken house insurance with the opposite party for one year from 11.08.2005 to 10.08.2006. Due to heavy rain on 27/28.10.2005 and 5/6.11.2005, the flood water entered into the house, causing severe damage, not only to the building, but also to the house hold articles, for which, a claim for Rs.38,050/- was lodged, before the opposite party. The opposite party instead of paying the amount, as claimed, paid only a sum of Rs.17,844/- and obtained a discharge voucher on 11.4.2006, as if, the complainant has failed to prove the damages. Premium was collected on the basis of the accepted value and having collected the premium, the opposite party is not entitled to reject the claim, when the value of the goods is claimed, based upon damage. Since the opposite party has failed to pay the amount, they have committed deficiency and therefore, the complainant is entitled to difference of amount namely Rs.20,206/- with interest thereon, in addition to, a sum of Rs.50,000/- as compensation for mental agony.
(3.) The opposite party admitting the Home Insurance Policy taken by the complainant, as well as admitting the damage caused to the house, as well as to the articles to some extent, opposed the claim of the complainant, inter alia contending, that the claim is barred by limitation, that the claim of the complainant at Rs.38.050/- is not based upon correct assessment, that as per the conditions of the policy, assessing the damage at Rs.17,844/-, when the opposite party offered the amount, the same was accepted by the complainant in full and final settlement, for which, he had issued receipt also, that because of the settlement had already taken place, the complainant is estopped from claiming the amount, that the claim being already settled, no question of negligence and deficiency, warranting any compensation also, thereby praying for the dismissal of the complaint.;