1. The present Appeal is filed by the Appellant / Opposite Party against the order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (for short “State Commission”) in Consumer Complaint No. 62 of 2011 dated 15.10.2014.

2. Along with the Appeal IA / Nil / 2015 an application for condonation of delay of 88 days has also been filed by the Appellant. For the reasons mentioned in the application and in the interest of justice, application is allowed and delay condoned.

3. Complainant No.1 is engaged in the business of exploration, development and productionand Coal Bed Methane. Opposite Party No.1 is a Nationalised Insurance Company and Respondent No.2 is an insurance agent of Respondent No.1, a proforma party. Case of the Complainant is that on 9.5.2007 they took Marine Policy No.100701/21/07/4300000019 insuring Mobile Rig (RD20 Atlas Copco) along with accessories and spares for Coal Bed Methane (CBM) Gas scheduled to be shipped from Houston, Texas to Asansol, West Bengal for sum insured of Rs. 4,96,10,000. The Policy covered among others “all water damages including rain damages”. The Complainant purchased the Rig along with accessories and spares f