■ it.

< ■

IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI Reserved on 15/01/2025 Pronounced onpg /^ / 2025 FIRST APPEAL NO. 654 OF 2023 (Against the order dated 16.02.2023 in Complaint no. 2017/83 of the State Consumer Disputes Redressal Commission, Gujarat, Ahmedabad)

with IA/6961/2024 (condonation of delay in filing reply)

IA/7869/2023 (Condonation of delay), IA/7870/2023 (Stay), IA/7871/2023 (Exemption of file typed copies of documents)

The Oriental Insurance Co. Ltd.

Techno-Legal Department, Corporate Office, Block-4, Plate-A, NBCC Office Complex, Kidwai Nagar East, New Delhi 110023 Petitioner Versus Vimalbhai Mathurbhai Sojitra Through Power of Attorney Holder Mathurbhai Jivrajbhai Sojitra, Res. Prempara, Dhari, Tai. Dhari, Distt. Amreli Respondent FIRST APPEAL NO. 655 OF 2023 (Against the order dated 16.02.2023 in Complaint no. 2017/84 of the State Consumer Disputes Redressal Commission, Gujarat, Ahmedabad)

with IA/6962/2024 (condonation of delay in filing reply)

IA/7872/2023 (Condonation of delay), IA/7873/2023 (Stay), IA/7874/2023 (Exemption of file typed copies of documents)

The Oriental Insurance Co. Ltd.

Techno-Legal Department, Corporate Office, Block-4, Plate-A, NBCC Office Complex, Kidwai Nagar East, New Delhi 110023 Petitioner

7 Versus Mathurbhai Jivrajbhai Sojitra Res. Prempara, Dhari, Tai. Dhari, Distt. Amreli Respondent V •v FIRST APPEAL NO. 656 OF 2023 (Against the order dated 16.02.2023 in Complaint no. 2017/85 of the State Consumer Disputes Redressal Commission, Gujarat, Ahmedabad)

with IA/6963/2024 (condonation of delay in filing reply)

IA/7875/2023 (Condonation of delay), IA/7876/2023 (Stay), IA/7877/2023

7 (Exemption of file typed copies of documents)

The Oriental Insurance Co. Ltd.

Techno-Legal Department, Corporate Office, Block-4, Plate-A, NBCC Office Complex, Kidwai Nagar East, New Delhi 110023 Petitioner Versus Kanchanben Mathurbhai Sojitra Through Power of Attorney Holder Mathurbhai Jivrajbhai Sojitra, Res. Prempara, Dhari, Tai. Dhari, Distt. A m re I i Respondent BEFORE;

HON'BLE MR. SUBHASH CHANDRA, PRESIDING MEMBER HON'BLE AVM J. RAJENDRA, AVSM, VSM, (Retd.), MEMBER For the Appellant : Mr. K.K.Bhat, Advocate For the Respondent: Ms. Hemantika Wahi, Advocate (VC)

ORDER

PER SUBHASH CHANDRA

ORDER

1. This First Appeal filed under Section 51(5) of the Consumer Protection Act, 2019 (for short "the Act") challenges the order dated 16.02.2023 of the State Dispute Redressal Commission, Ahmedabad (the 'State Commission') in Consumer Complaint No. 83 of 2017, wherein the State Commission partly allowed the compliant directing I-

the Appellant herein, inter alia, to pay Rs. 12,83,148/- jointly and severally along with interest @ 9% from the date of complaint, within 30 days from the date of this order alongwith Rs.4000/- towards mental agony and litigation cost to the Respondents.

2. This common order will also dispose of FA Nos. 655 of 2023 and 656 of 2023 as the facts in these appeals are similar and relate to the same Appellants. For reasons of convenience, FA No. 654 of 2023 is taken as the lead case.

3. We have heard the learned counsel for the parties and carefully considered the material on the record.

4. The Appellant's case is that Respondent had obtained a Standard Fire & Special Perils Insurance Policy from the Appellant for its greenhouse structure and associated machinery at Dhari, Amreli, Gujarat. On 03.06.2014, the Respondent reported complete destruction of the greenhouse due to heavy rains and winds allegedly reaching 216 km/hour. Pursuant to the claim, the Appellant appointed Shri D.C. Shah as the Surveyor, who conducted an extensive assessment in accordance with the Insurance Act and submitted his Survey Report on 24.07.2014. The survey report held that these was no cogent evidence of a storm or cyclone as claimed by the Respondent, and that as per the IMD report for the day the wind speed in the area on the relevant date was only 8 km/hour.

5. The Survey Report concluded that the damage was not c