M. THANIKACHALAM J. - (1.) The opposite party before the lower forum is the appellant herein.
(2.) The respondent / complainant who is doing business in readymade garments, textile clothes etc., had insured his goods from 12.10.200 to 11.10.2001 under the policy No.97/2001. On 26.10.00, at about 3.00 p.m, he closed his shop and went to another shop, which is located at North Masi Street. On information that there was fire in his shop, when he reached the spot, he noticed that the stocks in trade, including cash were burnt, causing total loss of Rs.6 lakhs approximately, for which a complaint was given and FIR also registered.
(3.) The complainant informed the insurance company immediately, raising claim estimating the loss at Rs.5,18,827.50. The insurance company appointed its surveyor and the surveyor assessed the loss at Rs.3,83,000/-. The insurance company, instead of paying the amount, as per the assessment of the surveyor, without informing the complainant, appointed a 2nd surveyor, who assessed the loss at Rs.2,22,037/-. On that basis they have also issued a cheque, which was received by the complainant, under protest, which was informed to the insurance company by telegram on 9.6.2001. The complainant who was in a critical and economical situation, signed the blank voucher under coercion, which was informed by lawyers notice, for which a reply has been received. Due to the act of deficiency in service, by the insurance company, the insured suffered a loss, which is estimated at Rs.2,96,790/-, for which the respondent is liable to pay interest, in addition to pay a compensation of Rs.20000/-.;