SOROUT MUSHROOM FARM AND TRAINING CENTRE THROUGH ITS PROPRIETOR Vs. NATIONAL INSURANCE CO LTD & 2 ORS

JUDGEMENT

(1.) This first appeal has been filed by the appellant M/s. Sorout Mushroom Farm and Training Centre against the order dated 07.10.2015 of the State Consumer Disputes Redressal Commission, Haryana (in short 'the State Commission') passed in Appeal No.91/2014.

(2.) Brief facts of the case are that on 09.09.2012, the appellant has insured his Mushroom Farm from the respondent No.1 through respondent No.2 vide Insurance policy No.361102/46/7500000289 valid from 09/09/2012 to 08/09/2014 for insurance of the material including machinery etc. vide policy namely "Standard Fire and Special Perils Policy". The Risk cover as per the policy under various heads is as under:-

(3.) On 16.5.2013 at about 12:00 o' clock in the night suddenly the Mushroom Farm got fire due to which all the machinery and other materials relating to production of Mushroom got burnt in the said fire incident. On the date of the fire accident, the concerned police station was also informed and DDR No.13 dated 16/05/2013 was registered. On 17.05.2013, the appellant informed the respondent No.2 through his bank and also gave the details of the goods and machinery and total loss/damage of about Rs.50,00,000/- which was caused due to fire. On 01.02.2014, the surveyor appointed by the respondent No.1 visited the premises of the accident and prepared the report regarding the damage caused by the fire. On 30.09.2014, when all the representations and communications of the appellant went in vain and no claim was given by the respondent No.1 for the loss caused due to fire accident, the appellant filed a complaint No.91 of 2014 under the Consumer Protection Act, 1986 before the State Commission. The State Commission vide its impugned order/judgment dated 07.10.2015 allowed the complaint and awarded Rs.3,54,000/- as compensation/claim of the loss caused due to fire.