ORDER :

Gita Mittal, J.

1. These two appeals have been filed challenging the order dated 28th of June, 2012 passed by J&K State Consumer Disputes Redressal Commission, Jammu in Complaint No. 2987 title "Bashir Ahmad Malik Vs. National Insurance Co. Ltd.". While MA No. 282 of 2013 has been filed by National Insurance Co. Ltd., seeking setting aside of the order dated 28th of June, 2012; MA No. 298 of 2012 has been filed by Bashir Ahmed Malik, the complainant, seeking enhancement of the amount which stands awarded.

2. In as much as these arise out of identical facts and raise similar questions of law, we have taken them together for hearing and adjudication.

3. For expediency, we shall refer to the National Insurance Company as the 'Company' and Bashir Ahmed Malik as the 'Complainant' hereinafter.

4. Factual Narration

We note the essential facts giving rise to the present appeals hereafter.

4.1 The complainant obtained a "Standard Fire & Special Perils Policy" effective from 14.32 hours on 12th March, 2005 to the midnight 11th March, 2006 from the Company. The risk assured under this policy was to the tune of Rs. 6.00 lakhs. In as much as the respondents have place reliance on the clause 1 and 8 of the policy, the same may usefully be set down in extenso. The clauses read as follows:

"1. THIS Policy shall be voidable in the event of mis-representation, mis-description or nondisclosure of any material particular.

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8. If the claim be in any respect fraudulent, of if any false declaration be made or used in support thereof or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under the policy or if the loss or damage be occasioned by the willful act, or with the connivance of the Insured, all benefits under this policy shall be forfeited."

4.2 During the night intervening 13th/14th January, 2006, the complainant's mercantile shop, in the rented premises pursuant to a rent agreement, was completely gutted in a fire.

4.3 On 31st of January, 2006, the complainant intimated the Divisional Manager of the Company about the loss to the shop and stocks in the fire. Accordingly, the Company appointed and deputed M/s. Sai Consultants Surveyors & Loss Assessors to conduct a survey and loss assessment.

M/s. Sai Consultants Surveyors & Loss Assessors visited the premises on 10th of February, 2006. By their letter dated 25th of April, 2006, M/s. Sai Consultants called upon the complainant to submit a claim form duly filled; particulars of insurance policy; police report; ownership proof of shop/rent deed; purchase bills for last two years and stock statement/balance sheet.

4.4 A report based on a physical verification was thereafter submitted by the said surveyors only on the 18th of August, 2006 confirming that:

(a) the complainant was the sole proprietor of the business which was established in 2001;

(b) that all kinds of mercantile was being sold on retail basis which was purchased by the complainant form wholesale market of Jammu, Banihal, Neel and Chamalwas on cash and credit basis as per purchase bills submitted by him;

(c) that he had a licence from the Licensing Authority of the business;

(d) that the daily sale of the insured range from Rs. 15,200/-;

(e) that the complainant was neither an income tax nor sales tax payee, however the insured shop was "a leading shop in the area and doing the business in the different Karyana and Hosiery items efficiently."

4.5 In the fire of devastating nature, the four shops including the shop of the complainant with their stocks were completely gutted and raised to the ground.

4.6 A police report was registered as FIR No. 3 dated 14th of January, 2006.

4.7 All stocks of trade stood completely burnt to ashes and destroyed beyond recognition while some stocks were buried under debris in damaged condition depicting a total loss.

4.8 The doubl