GOPAL DIKSHIT Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal under Sec. 23 of the Consumer Protection Act, 1986 (hereinafter the "Act") arises out of the impugned order dtd. 7/12/2022 passed by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi (hereinafter "NCDRC") in Consumer Case No. 2287 of 2017 whereby NCDRC dismissed the complaint filed by the Appellant.

(2.) The complainant who is the Appellant herein is the owner of the premises situated at 50, Ishwar Nagar, Mathura Road, New Delhi, 110065 (hereinafter "Premises"). The Premises had a basement, ground floor, first floor and second floor. The entire building was insured with the opposite party who is the Respondent herein vide House Holder Insurance Policy No. 2219042615P115431073 for Rs.1.50 crores which was valid for the period from 13/3/2016 to 12/3/2017.

(3.) It is the case of the Appellant that due to a heavy downpour in New Delhi from 25/8/2016 to 31/8/2016, the Premises were severely flooded. During this period, the Appellant was out of Delhi from 24/8/2016 to 29/8/2016. Upon his return, he found that the basement of the Premises was inundated with water, resulting in extensive damage to the furniture, fittings, almirahs, books, and other belongings stored there. In an effort to prevent further deterioration, the Appellant installed a booster pump on 30/8/2016 to drain out the water from the basement. Despite this measure, the accumulated floodwater could not be completely drained out. Thereafter, the Surveyor, Mr. Akash Chopra, visited the Premises on 3/9/3016 and inspected the basement.