ORDER :

1. Present appeal is filed against order dated 08.01.2019 passed by Learned DCF/DCC in consumer complaint No.153/2016 titled Anirudh Kumar v. The New India Assurance Company wherein learned DCF/DCC dismissed consumer complaint filed by complainant. Feeling aggrieved against order of learned DCF/DCC complainant filed present appeal before State Commission.

Brief facts of consumer complaint:

2. Complainant Anirudh Kumar filed consumer complaint under Consumer Protection Act pleaded therein that Insurance company insured one room single storey house of complainant in question for sum of Rs.200000/- (Two lac) by way of Standard Fire and Special Peril Policy which was effective w.e.f. 22.01.2016 to 21.01.2017. It is pleaded that during operation of Insurance policy on 02.02.2016 at about 6:00 AM walls of house in question insured with opposite party developed cracks and portion of house also fell down. It is further pleaded that entire structure became dangerous and unsafe for human use. It is pleaded that damage was caused to house of complainant due to heavy rain. It is pleaded that complainant reported the matter to Insurance company and Insurance company deputed Surveyor cum loss assessor namely Mohinder K.Sharma who visited the spot and inspected damaged house in question. It is further pleaded that complainant spent sum of Rs.150000/- (One lac fifty thousand) for reconstruction of damaged house in question. It is further pleaded that Insurance company did not settle the claim and committed deficiency in service. Complainant sought relief of payment of Rs.150000/- (One lac fifty thousand) spent on reconstruction of house in question. In addition complainant sought compensation for mental agony and harassment to the tune of Rs. 10000/- (Ten thousand). In addition complainant sought litigation costs to the tune of Rs.10000/- (Ten thousand). Prayer for acceptance of consumer complaint sought.

3. Per contra version filed on behalf of opposite party pleaded therein that complainant obtained Insurance policy for sum of Rs.200000/- (Two lac). It is further pleaded that complainant has no insurable interest in the house in question. It is further pleaded that complainant did not submit relevant documents. It is further pleaded that complainant did not sustain any damage and basic structure in question was intact. It is further pleaded that roof has been removed manually by complainant. It is further pleaded that rain damage is not insured peril within the scope of standard fire and special peril policy. It is pleaded that opposite party did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.

4. Complainant filed rejoinder and reasserted allegations as mentioned in consumer complaint. Learned DCF/DCC dismissed consumer complaint on dated 27.02.2018 with costs to the tune of Rs.3000/- (Three thousand). Thereafter complainant filed First Appeal No.106/2018 titled Anirudh Kumar v. The New India Assurance Company which was decided on 14.12.2018. State Commission set aside order of learned DCF/DCC and remanded back the matter to learned DCF/DCC with direction that learned DCF/DCC would obtain report of Mohinder K. Sharma Surveyor cum loss assessor by way of primarily evidence or by way of secondary evidence. State Commission further directed learned DCF/DCC that learned DCF/DCC shall obtain affidavit of Sh. Mohinder K. Sharma Surveyor cum Loss Assessor in support of his report. State Commission further directed learned DCF/DCC that complainant shall submit relevant documents before learned DCF/DCC and thereafter learned DCF/DCC shall dispose of consumer complaint afresh in accordance with laws. Thereafter learned DCF/DCC again dismissed consumer complaint vide order dated 08.01.2019. Feeling aggrieved against order passed by learned DCF/DCC complainant again filed appeal before State Commission.

5. We have heard appellant in person and learned Advocate appearing on behalf of respondent and we have also