Insurance claims must prove the cause of loss without reliance on unsupported allegations.

1. Heard Mr. Mohan Babu Agarwal, Advocate, for the appellant and Ms. A. Subhashini, Advocate, for respondent - 1.

2. Above appeal has been filed from the order of State Consumer Disputes Redressal Commission, Andhra Pradesh, dated 24.2.2009, passed in CD / 37/2005, partly allowing the complaint and directing the Insurer to pay Rs. 9,11,680 with interest @12% per annum, from 1.12.2000 till the date of payment, as insurance claim and Rs. 5,000 as cost of the litigation.

3. The office has reported 79 days delay, in filing the appeal. The appellant has filed an application for condonation of delay. Cause shown issufficient. Delay in filing the appeal is condoned.

4. Deepika Cements Private Limited (the Insured) filed CD / 37/2005 for directing Oriental Insurance Company Limited (the Insurer) to pay Rs. 25 lacs, with interest @18% per annum, from 25.8.2000 till its realization, as the insurance claim and any other relief which may deemed fit and proper. The complainant stated that the Insured was private company, registered under the Companies Act, 1956 and engaged in the business of manufacture and sale of cements, from its factory, situated at Plot No. K - 5, IDA, Rd. No. - 5, Nacharam, Hyderabad. The cement was manufactured from grinding clinker, gypsum etc. as raw materials. The Insured obtained Standard Fire and Special Perils Policy No. 431301/2001/258, for the period of 16.6.2000 to 15.6.2001, for a sum of Rs. 40 lacs (i.e. Rs. 25 lacs, for stock of clinker in open, Rs. 5 lacs, for clinker, gypsum & grinding media in process, Rs. 50,000, for cement in process, Rs. 8.5 lacs, for finished products and Rs. one lac, for gunny bags & pkg. materials, stored at the factory premises) from the Insurer. Heavy rain hit the Andhra Pradesh state, including Hyderabad and Secunderabad due to depression which ultimately turned as cyclone from on 22.8.2000 to 30.08.2000. Due to unprecedented and continuous rain, flood water entered at the factory premises of the Insured on 24.8.2000. Flood water and continuous rain water washed away, the clinker stocked in open place at factory premises. The Insured intimated the loss to Oriental Bank of Commerce on 25.8.2000, from where, he took term loan of Rs. 18 lacs and working capital facility of Rs. 29 lacs, with request to inform the Insurer. The Insured informed the Insurer about the aforesaid loss through letter dated 31.8.2000. The Insurer appointed D.V. Bhaskara Reddy, Hyderabad, as the surveyor, who inspected the factory premises on 2.9.2000. Thereafter, the surveyor neither turned up again nor made any correspondence with the Insured. D.V. Bhaskara Reddy, vide letter dated 15.11.2000 informed that (i) Raw materials in open were found wet during inspection. (ii) There was no evidence of flood or inundation in the premises. (iii) The damage to the stocks was due to unprecedented rain fall of 24 cms on 23.8.2000 only and not due to flood, storm and cyclone; and (iv) The policy did not cover loss due to rain water, as such, the Insurer had no liability. The Insured through letter dated 21.11.2000, strongly protested the said letter and asked the surveyor to provide the photographs taken by him during his inspection on 1.9.2000, on the basis of which, he had reported that raw materials in open were found wet. The surveyor however did not respond. The Insured, vide letter dated 13.12.2000, complained to the Insurer that the surveyor was not making any correspondence with him. D.V. Bhaskara Reddy, vide letter dated 29.12.2000, recused from conducting survey due to his health issue. The Insurer then appointed Sisir & Ravi Associates, Visakhapatnam, a new surveyor on 19.1.2001, who allegedly visited the factory premises of the Insured on 29.1.2001 and found it as locked. New surveyor, vide letter da