A.K.ANNAMALAI J. - (1.) The Respondent/complainant filed a complaint before the District Forum, Krishnagiri, alleging deficiency against the opposite party to pay a sum of Rs.2,70,000/- for one Ayyappa Textiles who stored the property with the complainant in trusts and a compensation of Rs.10,000/- for deficiency in service and a compensation of Rs.2,85,000/- for delay and deficiency of service. The District Forum allowed the complaint against the opposite party. Against the said order, this appeal is preferred by opposite party, praying to set aside the order of the District Forum, Krishnagiri, dt.28.12.2006 in CC.No.38/1998. This appeal coming before us for hearing finally on 30.03.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The Respondent/complainant filed a complaint before the District Forum, Krishnagiri, alleging deficiency against the opposite party to pay a sum of Rs.2,44,112/- for Anitha Textiles who stored the property with the complainant in trusts and Rs.73,000/- for the damages of the building and a compensation of Rs.20,000/- for deficiency in service. The District Forum allowed the complaint against the opposite party. Against the said order, this appeal is preferred by opposite party, praying to set aside the order of the District Forum, Krishnagiri, dt.28.12.2006 in CC.No.39/1998. This appeal coming before us for hearing finally on 30.03.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- COMMON ORDER The opposite party is the appellant.
(2.) The complainant filed a complaint against the opposite party claiming for the insured amount of Rs.5,87,112/- for two individuals for them the complainant is accountable and responsible due to the fire caused in the company and for Rs.10,000/- as compensation for deficiency of service and for Rs.2,85,000/- for delay and deficiency of service.
(3.) The complainant is a Co-operative Society they have taken insurance policy with the opposite party for fire insurance under fire policy C for the period from 9.10.95 to 8.10.96. The fire break out on 28.1.95 the complainants godown and the police complaint was also made. For the claim made from the opposite party a surveyor was appointed to assess the damages and a report of fire service officer was also obtained and the opposite party repudiated the claim by stating property is not affected by fire and also not covered by the policy as the loss by fire means Hairy Fibers of Cotton seed, Cotton Fiber or cotton which are stored in the godown. The claim is not connected with cotton and cotton seeds as stated by the opposite party with a narrow view defeats the purpose of insurance. Though the, combined claim for two companies were made at Rs.5,87,112/- the opposite party to pay a sum of Rs.2,17,000/- for Ayappa Textiles and along with Rs.30,000/- as deficiency of service for Rs.2,85,000/- and another Rs.10,000/- for the Anitha Textiles.;