JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

     1.  Delay condoned.

     2. Admit.

3. This appeal arises from a judgment and order dated 23 February 2016 of the National Consumer Disputes Redressal Commission. [“NCDRC”]. The NCDRC rejected the complaint of the appellant alleging a deficiency of service in the rejection of a claim under an insurance policy.

The appellant was undertaking the resurfacing, metalling and asphalting of roads in Nashik. An insurance policy was obtained by the appellant. The insurance cover encompassed ‘material damage’. Section 1 of the insurance policy was in the following terms:

“SECTION-1 MATERIAL DAMAGE

The Company hereby agrees with the insured (subject to the exclusions and conditions contained herein or endorsed hereon) that if, at any time during the period of insurance stated in the said Schedule, or during any further period of extension thereof the property (except packing materials of any kind) or any part thereof described in the said Schedule be lost, damaged or destroyed by any cause, other than those specifically excluded hereunder, in a manner necessitating replacement or repair the Company will pay or make good all such loss or damage upto an amou