ORDER :

1. Present consumer complaint is filed under section 17 of Consumer Protection Act 1986 pleaded therein that complainants are owner in possession of two stories building comprised of rooms, kitchen, bath and toilet, electrical, sanitary fittings, interior furnishing with wooden material in khata/khatauni No.86 min/100 khasra No.418 Mohal Pohl P.O. Bakhol Tehsil and District Shimla H.P. It is pleaded that due to heavy rain and storm on dated 23.05.2016 entire building of complainants situated over the above mentioned land was substantially damaged and residential house of complainants became unfit for human habitation. It is further pleaded that complainants sustained structural damage to their residential building due to heavy rain. It is pleaded that insurance company issued insurance policy i.e. Standard Fire & Special Perils Policy and policy was operative w.e.f. 04.09.2008 to 03.09.2023. It is pleaded that opposite party also received premium amount from the complainants to the tune of Rs. 1301/-(One thousand three hundred one). It is pleaded that building is beyond repair and require reconstruction.

2. It is further pleaded that Surveyor cum Loss Assessor assessed loss for reinstatement to the tune of Rs.2882800/-(Twenty eight lac eighty two thousand eight hundred). It is pleaded that opposite party did not settle the claim and committed deficiency in service. Complainants sought relief of payment of Rs.2882800/-(Twenty eight lac eighty two thousand eight hundred). In addition complainants sought relief of payment of Rs.100000/-(One lac) on account of mental harassment. In addition complainants sought relief of payment of Rs.100000/-(One lac) as litigation costs alongwith interest @ 18% per annum. Prayer for acceptance of consumer complaint sought.

3. Per contra version filed on behalf of opposite party pleaded therein that insurance company is not under legal obligation to indemnify the complainants because as per opinion of Surveyor cum Loss Assessor loss was not sustained by complainants due to storm as roof of building in question was found intact and no other building was damaged in the nearby area due to storm. It is further pleaded that insurance policy was operative w.e.f. 04.09.2008 to 03.09.2023. It is pleaded that building in question was insured for a sum of Rs.3000000/-(Thirty lac). It is pleaded that loss to the building in question was not due to subsidence and was also not due to land slide. It is pleaded that insurance company appointed Surveyor cum Loss Assessor. It is further pleaded that final surveyor has assessed the loss to the tune of Rs.200329/-(Two lac three hundred twenty nine) on repair basis. It is pleaded that insurance company has repudiated the claim strictly as per laws. It is pleaded that insurance company did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.

4. Complainants also filed rejoinder and reasserted the allegation mentioned in the complaint. We have heard learned Advocates appearing on behalf of parties and we have also perused entire record carefully.

5. Following points arise for determination in present consumer complaint.

1. Whether consumer complaint filed by complainants is liable to be accepted as mentioned in memorandum of grounds of consumer complaint.

2. Final order.

Findings upon point No.1 with reasons:

6. Complainant No.1 filed affidavit Ext.C-1 in evidence. There is recital in affidavit that deponent is permanent resident of village Pohl P.O. Bakhol Tehsil Kotkhai District Shimla H.P. There is recital in affidavit that deponent and son of deponent namely Shri Rama Nand are owner in possession of two stories building comprised of rooms, kitchen, bath & toilet, electrical, sanitary fittings, interior furnishing with wooden material in khata 86 khatauni No. 100 khasra No.418 Mohal Pohl P.O. Bakhol Tehsil and District Shimla H.P. There is recital in affidavit that deponent took insurance policy i.e. Standard Fire & Special Perils