Once it is found that there was no inadequacy in the quality, nature and manner of performance, then the jurisdiction of the Consumer Forum to go further would stop: SC

 A fire broke out in the factory premises of the appellant on 15.11.2007 and the quantity of wastepaper destroyed by fire was estimated at 8500 MT. Appellant's claim was approved only to the extent of Rs.2,85,76,561/­, in full and final settlement. The respondent informed the appellant that the claim could be finalized only for the amount indicated in the letter dated 21.08.2009. The appellant, through letter dated 14.09.2009, again raised objections to the Survey Report, but the respondent refused to reconsider the appointment of a surveyor.  The appellant filed a consumer complaint before the National Commission under Section 21(a)(i) of the Consumer Protection Act, 1986.The National Commission, by its Judgment dated 3.07.2018 rejected the claim of the appellant under both the heads, but directed the respondent to pay only the amount of Rs.2,85,76,561/­ as admitted by them. This amount was directed to be paid to the appellant with interest @ 9% p.a. from 15.11.2007, only till the date the Insurance Company had made the offer.Surveyors arrived at the value of loss at Rs.3,42,77,015.34/­. The Surveyor adopted the second option namely that of volumetric analysis and assessed the quantity of raw material damaged at 2264.400 MT. He valued this raw material @ Rs.15137.35/­ per MT, inclusive of CENVAT. After so doing, the Surveyor fixed the salvage value at Rs. 18,92,200/­ and deducted the same from the raw material to arrive at the gross assessed loss at Rs.3,23,84,815.34.The grievance of the appellant is primarily with respect to the quantification of the net weight of raw material destroyed in the fire accident. The price of the material, fixed by the Surveyor at Rs.15137.35/­ per MT, is not seriously disputed. Though a dispute is raised with regard to the salvage value, the contention relating to the same is very weak and feeble and hence we would not get into the same.SC observed insured had produced 2 sets of records and the quantum of material destroyed by fire arrived on the basis of these records showed huge discrepancies. The Surveyor had no alternative but to reject these records and proceed on volumetric analysis. We find that the refusal of the Surveyor to go by the stock records of the appellant was fully justified. A Consumer Forum which is primarily concerned with an allegation of deficiency in service cannot subject the surveyor's report to forensic examination, just as a civil court could do. Once it is found that there was no inadequacy in the quality, nature and manner of performance, then the jurisdiction of the Consumer Forum to go further would stop.  Appeal is dismissed 

SEPTEMBER  28, 2021 

Khatema Fibres Ltd.   Versus  New India Assurance Company Ltd. & Anr.