M.THANIKACHALAM, J. - (1.) This is a complaint under Section 12 and 13 of the Consumer Protection Act, 1986, hereinafter called "Act", claiming a sum of Rs.15,43,853/- based upon the policy for the loss caused in the fire accident with interest, amounting to Rs.11,73,500/-, for a further sum of Rs.5 lakhs as compensation for mental agony with costs on the following grounds [in brief].
(2.) The complainant, who was engaged in the manufacturing of HDPE and PP Woven fabrics and sacks, was owning a factory, wherein, he had stocked the goods also, obtaining financial assistance from the 4th opposite party. As insisted by the 4th opposite party, the complainant had taken a Fire Policy-?C?, dated 07.12.1999, covering the period 31.12.1999 to 30.12.2000, by paying necessary premium, by the 4th opposite party.
(3.) There was a fire accident on 14.05.2000 at 01.30 hours in the factory premises of the complainant, in which, the entire stock worth of Rs.15,43,853/- was gutted, which was reported, not only to the Fire Service, but also to the Insurance Company as well as the Bank. The complainant, furnishing necessary informations and documentary evidence to the second and third opposite parties- the Surveyors, not only sought permission to resume business to avoid further loss and also claimed damages. Unfortunately when the correspondences were pending, the second opposite party unilaterally closed the file on 5.12.2000, thereby committed deficiency.;