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C.VISWANATH, RAM SURAT RAM MAURYA
Biswajit Guha – Appellant
Versus
Branch Manager, New India Assurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant in FA No.835/2013:Mr. Shambo Nandy, Advocate
For the Appellant in FA No.875/2013:Mr J.P.N. Shahi, Advocate
For the Respondent in FA No.835/2013:Mr. J.P.N. Shahi, Advocate
For the Respondent in FA No.875/2013:Mr. Shambo Nandy, Advocate

ORDER

Cross Appeals have been filed by the Appellants under Section 19 of the Consumer Protection Act, 1986 against the Order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the “State Commission”) in Complaint No.58/2010 dated 04.11.2013.

2. The Complainant is sole proprietor of M/s Vida Engineering Company which was awarded construction contract for road works at South Tripura by NBCC Ltd. According to the Complainant he took ‘Contractor’s All Risk Insurance Policy’ with the Respondent on payment of premium of Rs.3,48,316/- on 15.11.2007 and further two additional premia of Rs.1,03,987/- and Rs.1,13,076/- were realized. In the middle of July 2008, during the subsistence of the insurance contract, there was a heavy rainfall at the construction site which led to flash floods. This caused heavy damage to the project work. Thereupon, he infirmed the Insurance Company who deputed Surveyor Mr. S.R. Das to assess the loss. The Surveyor visited the site from 21.07.2008 to 24.07.2008 and undertook detailed inspection of the site. While at the site, he arrived at a loss figure of Rs.60,15,232/- for two affected road segments and t

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