JUDGMENT :

Ali Mohammad Magrey, J.-The instant appeal is filed by the Bajaj Allianz General Insurance Company Limited against the award dated 7th of December, 2018 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Srinagar [(now wound up) and (hereinafter referred to as the Commission)] in the complaint filed by the Respondent No.1.

2. The brief facts leading to the filing of the appeal in hand, as come to fore from the perusal of the award impugned, are that the complainant/ Respondent No.1 herein was running an Automobile Service Center at Beerwah, Budgam and that the stocks in trade were insured with the appellant Insurance Company on 17th of November, 2017 with the validity thereof being from 17th of June, 2011 to 16th of June, 2012 for insured sum of Rs.5.00 lacs. On the intervening night of 4th/ 5th of March, 2012, when the policy was in force, there was a heavy and incessant rainfall which caused inundation to the walls of the building housing the workshop of the complainant/ Respondent No.1, as a result thereof, the rare wall and one side wall of the building collapsed and fell down on the stocks in trade. Thereafter, intimation was, accordingly, given to the Police Station, Beerwah as also to the appellant Insurance Company who deputed their Surveyor. As per the complainant/ Respondent No.1 herein, he suffered loss to the tune of Rs.3.00 lac to the stocks in trade and Rs.2.96 lac to the building which was not insured. On rejection of the claim on part of the appellant Insurance Company, the complainant/ Respondent No.1 filed complaint before the Commission, wherein the Insurance Company repudiated the claim of the complainant/ Respondent No.1 on the ground that there was no loss caused to the stocks in trade. The Commission, in terms of award dated 7th of December, 2018, allowed the complaint and awarded compensation of Rs.2.00 lacs in favour of the complainant/ Respondent No.1, besides holding the complainant/ Respondent No.1 entitled to litigation costs of Rs.10,000/- as well. This award is assailed by the appellant Insurance Company, inter alia, on the following grounds:

A. That at the very outset the appellant denies its liability to indemnify a concern namely G.M. Motors as the said concern does not stand insured with the appellant. Hence the award impugned has been passed in favour of a concern which is not at all insured with the appellant;

B. That the loss is reportedly suffered by the respondent No.1 due to subsidence of the land caused due to heavy rains on the intervening night of 4th/5th March, 2012. The said loss is not covered under the policy of insurance bearing No. OG-12-1205-4001-00005845 a Standard Fire and Special Peril Policy.

The said policy specifically excludes the loss caused to the insured items due to incessant rains. The Hon’ble Commission has altogether ignored the relevance of terms of contract of insurance which has no nexus with the relief that has been granted in the impugned award;

C. That the subject policy insures only the stocks and no building is covered therein. Thus, the appellant was not liable for any loss of &/ or damages to the un-insured building. The policy of insurance specifically mentions the sum insured for Rs. 5.00 lacs only for stocks. The plinth, foundation, superstructure, P&M and furniture fixtures of building etc. have been specifically excluded from the coverage of policy of insurances;

D. That after processing the clam of respondent No. 1 the appellant found the claim not payable and the respondent was accordingly informed vide letter dated 24.05.2012 that the claim lodged by him for the loss caused to his building has been closed as no-claim on the ground that the building was not covered under the policy of insurance. The policy of insurance was covering the stocks lying in the workshop. It was further made clear in the letter of no-claim that the loss to the stocks claimed due to incessant rain was not covered under the policy of