Consumer Law – Insurance – ‘NIL Liability’ – The complainant obtained insurance for a building from OPs/insurer from 23.05.2001 to 22.05.2002, covering a risk of Rs. 2,60,00,000/-. They suffered flood loss on 17.07.2001 – Despite multiple attempts for settlement, they received clarification and promptly submitted documents – The complainant filed a complaint for harassment and mental agony, seeking directions to pay Rs. 16,78,000/- and Rs. 2,00,000/- The District Consumer Commission allowed the complaint and directed OPs to pay Rs.8,87,939/- with 9% interest – Hence, on account of above critical analysis of evidence so led by parties, post remand of matter; this Commission observes that there is no evidence of flood – The insurer’s surveyor’s report on 19.06.2002 found no evidence of a flood at the insured premises, resulting in an assessed loss of Rs.97,877/- – The surveyor recommended ‘NIL Liability’, stating the wall was outside the factory and no loss occurred due to flood – The insurers argued that the loss was not payable, as no flood evidence was provided – The Commission has deemed the District Consumer Commission-Ambala’s order dated 03.05.2017 perverse and legally unsustainable, setting it aside and dismissing the complainant’s main appeal.

HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION   PRAGATI PAPERS INDUSTRIES KALAAMB DISTT.SIRMOUR H.P. THR M.D. AND OTHERS — Appellant Vs. NATIONAL INSURANCE CO. THR BRANCH MANAGER NARAINGARH DISTT.AMBALA AND OTHERS…