2.3 Due to heavy rains in Nimbahera on 29.08.2003 and 30.08.2003, some of the companyl was washed off, and the stock of companyl suffered damage.
The instant appeal has been filed by the Appellant against this order.
On the other hand, the Chartered Accountant hired by the Appellant reported on 02.09.2004 that he was unable to verify the declarations because the Respondent had number provided the necessary documents to him.
The surveyor so appointed submitted its report on 29.03.2004, assessing the loss caused to the Respondent at Rs.58,89,400/. 2.4 Upon receiving such report, the Appellant sought a clarification from the surveyor, as to whether the loss companyld be said to have been caused by Flood and Inundation in terms of the wording of the insurance policy.
2.2 The Respondent purchased a Standard Fire and Special Perils insurance policy from the Appellant herein for the stock of companyl for the period between 20.11.2002 and 19.11.2003.
Consequently, on 01.09.2003, the Respondent informed the Appellant of the damage and requested the appointment of a surveyor.
The brief facts giving rise to this appeal are as follows Signature Not Verified Digitally signed by ASHWANI KUMAR 2.1 Respondent herein Complainant is a cement Date 2020.01.28 172121 IST Reason manufacturer, having a factory in Nimbahera, District Chittorgarh, Rajasthan.
Among other things, the policy companyered damage caused by Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation.
2.7 Aggrieved by this repudiation, the Respondent filed a companysumer companyplaint before the NCDRC seeking companypensation to the tune of Rs.1.32 crores.
2.5 On 13.08.2004, the surveyor reaffirmed its stand that the losses in question were payable to the Respondent as per the terms and companyditions of the policy.
These factory premises included an open companyl yard, where a stock of companyl that was used in the manufacturing process was stored.
2.6 Notably, vide letter dated 14.12.2004, the Appellant repudiated the Respondents claim on the ground that the loss caused to it did number fall within the scope of the policy, having occurred due to heavy and extraordinary rain and number flood or inundation.
Vide the impugned order dated 18.11.2008, the NCDRC allowed the companyplaint to the extent of the loss assessed by the surveyor, i.e. Rs.59,89,400/, and directed the Appellant to pay the said amount along with interest at the rate of 9 per annum.
Vide the impugned judgment, the NCDRC allowed the companysumer companyplaint filed by the Respondent herein, directing the Appellant to pay Rs.
Heard learned companynsel for the parties.
The Appellant also hired a Chartered Accountant to verify the declarations submitted by the Respondent visvis its accounts books and daily stocks.
58,89,400/ to the Respondent, along with interest 9 per annum from 01.06.2004 till the date of payment.
MOHAN M. SHANTANAGOUDAR, J. This appeal arises out of the judgment dated 18.11.2008 passed by the National Consumer Disputes Redressal Commission NCDRC in Original Petition No.
59 of 2005.
