NATIONAL INSURANCE COMPANY LTD. THROUGH ITS REGIONAL OFFICE AT: NATIONAL LEGAL VERTICAL, 2E/9, JHANDEWALAN EXTEN., NEW DELHI Vs. VIJAY MISTRY THROUGH ITS PROPRIETOR DIGNUS APPLIED AESTHETICS, 27, F. KASTURCHAND BUILDING, GOKHALE ROAD (SOUTH) DADADR (W), MUMBAI

JUDGEMENT

(1.) The respondent/complainant obtained a Fire & Special Perils Policy from the appellant company initially for the period from 19.6.2001 to 18.6.2002, in respect of the stock pertaining to his trade at B-9, J.K. Compound, near Arihant Complex, Village Kalhar, Bhivandi, Dist. Thane, Maharashtra, to the extent of Rs.35 lakhs. The table on the first page of the first policy reads as under:- <FRM>JUDGEMENT_25_LAWS(NCD)2_2017_1.html</FRM>

(2.) The complainant/respondent having suffered loss on account of floods, on 26.7.2005 a claim of Rs.35 lakhs was lodged by him. Though the surveyor assessed the loss to the complainant at Rs.34,12,796/-, the claim was not considered taking the stand that the policy did not cover the peril of storm, tempest, flood and inundation (STFI). Being aggrieved from the stand taken by the insurer, the respondent/complainant approached the concerned State Commission by way of a consumer complaint.

(3.) The complaint was resisted by the appellant/insurer primarily on the same ground on which the claim had been repudiated.