UNITED INDIA INSURANCE CO., LTD Vs. VASAVI ENTERPRISES,REP. BY ITS PROPRIETOR

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is challenge to the order passed by the District Forum which passed the award against the appellant for payment of Rs.6,06,980/- with interest at 9% per annum from 12.4.2007 till the date of realization together with compensation of Rs.10,000/- and costs of Rs.1500/-.

(2.) The facts of the case are that the complainant insured her printer processor and Konica Film processor with opposite party for Rs.16,03,000/- vide policy No.150400/11/05/11/00000463 under Standard Fire and Special Perils Policy. On 4.8.2006 the colour lab was marooned by the floods and the same was intimated to the opposite party. The complainant submitted his claim with the opposite party for the payment of loss estimated at Rs.14,72,000/-. The opposite party appointed D.S.Prasad Babu, Surveyor for estimation of the loss. The opposite party issued discharge voucher for settlement of claim for an amount of Rs.8,65,020/- towards full and final settlement which was received by the complainant on 8.2.2007 under protest. The complainant addressed letter dated 12.2.2007 to the opposite party demanding to enhance the claim amount and also supply the survey report as to how the opposite party arrived at Rs.8,65,020/-. The opposite party even after receipt of the said letter has neither paid the balance amount nor issued any reply to the letter of the complainant. Finally, the complainant got issued a legal notice dated 12.3.2007 to the opposite party demanding to pay the balance claim amount with interest and costs and filed the complaint before the District Forum seeking direction to the opposite party for payment of balance amount of Rs.6,06,980/- along with interest, compensation and costs.

(3.) The opposite party resisted the claim contending that the complainant has not submitted the relevant documents. Basing on the documents submitted by the complainant, the opposite party has settled the claim and sent a cheque for Rs.8,65,020/- by taking into consideration of the report submitted by the surveyor. The opposite party has settled the claim as per the rules and regulations. The discharge voucher is a must for receipt of the money. The opposite party has issued a cheque for the amount. The surveyors report was also sent to the complainant. It was stated that there was no deficiency in service on the part of the opposite party.