ORDER

Inder Singh Mehta, President—Instant appeal is arising out of the order dated 07.07.2022 passed by Learned District Consumer Commission, Solan, in Consumer Complaint No.107/2018 titled Sh. Sewak Ram Bhardwaj Vs The Baghat Urban Co-Operative Bank Ltd. & Ors.

Brief facts of Case:

2. Briefly, the case of the complainant is that complainant constructed his residence after investing huge amount and after obtaining financial assistance from opposite parties No.1&2/Baghat Bank. The house of complainant was insured by opposite parties No.1&2/Baghat Bank from opposite party No.3/Insurance company. Initially house of complainant was insured for a sum Rs.4.00 lacs and after enhancement of loan, house was insured for Rs.14.00 lacs. The opposite parties neither issued insurance policy to complainant nor issued receipt of premium, but when dispute arose then opposite party No.2 had handed over the receipt thereof to complainant. The insurance policy covered entire loss and damages caused by natural calamity to the house of complainant, but opposite parties with malafide intention have not issued insurance policy to the complainant in collusive and fraudulent manner. The complainant has alleged that unfortunately, his house was damaged and its intimation was given to the opposite parties, upon which opposite party No.3 had demanded various documents from the complainant. These documents were supplied to the opposite party No.3 along with estimate and after receiving all documents by opposite party No.3, surveyor was deputed and surveyor has inspected the spot on 13.12.2017 in the presence of Er. Surinder Kumar Bansal, who prepared the estimate of the house as per situation at that time. Thereafter, the complainant had disclosed vide letter dated 15.01.2018 to the opposite party No.2/Baghat Bank that

all losses and damages caused to the house of complainant is by natural calamity flood etc. covered under the insurance policy. The complainant made the complaint to all the competent authorities including opposite parties,

revenue agencies, but opposite party has neither inspected the spot nor compensated the same to complainant till today and under compelling circumstances, complainant served a legal notice dated 10.09.2018. Now, it has become difficult for the complainant to

reside in the said damaged house and under

the compelling circumstances, complainant

has filed the present complaint. The complainant has restricted his claim up to the insured amount of Rs.14,00,000/- and complainant is also reserving his right to file separate claim against National Highway Authority as per law.

3. The opposite parties No.1 & 2/Baghat Bank had contested the complaint by filing a reply and alleged that the complainant had specifically mentioned in his complaint that the flow was diverted towards his house while widening/fourlaning of National Highway No.22 by the National Highway Authority of India. The claim of complainant had already been closed on the request of complainant. The replying opposite parties are informed by the opposite party No.3 that as per surveyor report clauses No.4.01, 4.02 & 4.03, the complainant reported that the cracks have started occurring due to improper working, blasting etc. by National Highway Authority of India while widening/four laning of NH-22. Opposite parties No.1 & 2 further submitted that claim has rightly been repudiated/closed by opposite party No.3. A prayer for dismissal of complaint was made.

4. The opposite party No.3/Insurance company filed separate reply and stated that IRDA approved independent Surveyor was appointed and as per survey report, the claim of complainant was not falling under any specified perils of Standard Fire and Special Peril Policy. However, loss of Rs.2,35,606/- was assessed after all adjustments as per process. The policy being Standard Fire & Special Perils Policy covered specified perils and the damage to the residential building has occurred due to heavy rain and heavy rain is n