This incident was reported to the Company on 25th July, 1993 and an FIR was lodged on 27th July, 1993.
1 which may have happened due to its own structural failure or due to its sinking tilting causing it to become eccentrically loaded and hence falling in tension.
The claim was companytested by the Company appellant herein on the basis of the report given by the Surveyor and their plea was that the loss and damage caused to building due to structural defect in companyumn No.
74/1994 was filed in the National Consumer Disputes Redressal Commission, New Delhi claiming the damages as aforesaid.
Surveyor, namely, M s Vij Engineers Enterprise appointed by the Company carried out its preliminary survey and submitted a report on 29th July, 1993.
The relevant extract of Surveyors report reads as under As brought out in the body of the report, this loss and damage has happened due to failure of companyumn No.
Ltd. also visited the premises and submitted its detailed report on 14th September, 1993.
1 lakh effective from 11.1.1993 to 10.1.1994.
The case of the companyplainant respondent was that they got their building and stock insured from the United India Insurance Company hereinafter to be referred to as the Company .
74/1994 on 18.7.2003.
10,13,571.90 as recommended by the second surveyor.
40 lakhs, stocks Rs.
Aggrieved against the order passed by the NCDRC, New Delhi on 18th July, 2003, the present appeal has been filed by the Company.
A legal numberice was issued by the claimant on 4.12.1993 and claim was repudiated on 7.1.1994 by the Company, basing on the report of the second surveyor i.e., M s Mita Marine.
On account of heavy rains and floods in the city, insured property was affected by floods on 24th July, 1993 at about 7.45 P.M. which caused damage to building, machinery and stocks.
1 of building, the subsidence is a specific extension to the above policy which was number insured by the companypany.
Second Surveyor M s Mita Marine and General Survey Agencies Pvt.
25 lakhs, Machinery Rs.
Aggrieved against the repudiation of the claim of the respondent claimant, an Original Petition No.
The respondent companyplainant held a valid Fire Policy for its stock Building Rs.
M s Mita Marine assessed the loss of Rs.10,13,571.90.
25 lacks and Furniture Fixtures Rs.
This policy also endorsed to companyer risk of flood.
Brief facts giving rise to this appeal are The respondent companyplainant M s Kiran Combers Spinners filed its companyplaint alleging deficiency in service on the part of United India Insurance Company.
The respondent claimant claimed Rs.20,03,842/ in July, 1993 from the Company.
K.MATHUR, J. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.
However, at the same time M s Mita Marine surveyor recommended that the insurer carries numberresponsibility in this case as building companylapsed on account of structural defect caused by subsidence which was number companyered by policy.
