IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI RESERVED ON: 22.11.2024 PRONOUNCED ON: 09.05.2025 FIRST APPEAL NO.704 OF 2013 (Against the Order dated 09.07.2013 in Complaint No. 17/2012 of the State Commission Rajasthan)

M/s. Genus Power Infrastructure Ltd.

SPL-3, RIICO Industrial Area Sitapura, Tonk Road, Jaipur (Rajasthan)-302002. … Appellant Versus The Oriental Insurance Company Limited Through its Branch Officer A-5, Akashdeep, Transport Nagar, Jaipur (Rajasthan)-302004. … Respondent BEFORE:

HON’BLE MR. SUBHASH CHANDRA, PRESIDING MEMBER HON’BLE AVM J. RAJENDRA, AVSM, VSM (RETD.), MEMBER For the Appellant : Ms. Neha Gupta, Advocate For the Respondent : Mr. Amandeep Singh & Mr. Dev Bhardwaj, Advocates

JUDGMENT

AVM J. RAJENDRA, AVSM, VSM (RETD.), MEMBER

1. The present First Appeal has been filed under Section 19 of the Consumer Protection Act, 1986 (“the Act”) against the Order dated 09.07.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission Jaipur, (hereinafter to be referred as “the State Commission”), in Consumer Complaint No. 17 of 2012, wherein the Complaint filed by the Complainant (Appellant herein) was allowed.

2. Along with the present Appeal, an Application for condonation of delay of 55 days was filed by the Appellant. However, the said delay was allowed vide order dated 16.11.2017 passed by this Commission. 3. For the Convenience the parties are being referred to as mentioned in the Complaint before the State Commission, M/s. Genus Power Infrastructure Ltd. is identified as the Complainant and Oriental Insurance Co. Ltd. is referred to as the Opposite Party / Insurer.

4. Brief facts of the case, as per the complainant, are that the complainant company had obtained an insurance policy for cover of Rs.2,00,00,000 from the OP Insurance Company from 07.09.2007 to 08.09.2008. The policy covered manufactured goods and stock held in trust at the company’s godown located at Kendui, Gaya, Bihar. On 30.12.2007, a fire broke out at the said godown, causing extensive damage to the insured stock. The incident was promptly reported to fire brigade, local police, and Insurer. OP Insurer initially appointed M/s Sharma & Company as surveyor, which assessed the loss as Rs.96,34,748.88. Subsequently, OP appointed M/s United Technical Services, Udaipur as investigator, which initially estimated the loss at Rs. 80,35,233, later reducing it to Rs. 58,92,972 and then to Rs.17,89,538. Despite these assessments, the OP vide letter dated 17.05.2011 repudiated the entire claim. Consequently, the complainant filed a consumer complaint before the State Commission seeking full claim settlement the claim of Rs.96,34,748, damages of Rs. 2,00,000, and litigation costs of Rs. 51,000.

5. On notice, the OP files written version admitting issue of the policy to the complainant but defended the repudiation on the grounds of the terms and conditions stipulated in the policy. It contended that the complaint filed in 2012 regarding an incident that occurred in 2007, is barred by limitation. Additionally, the Insurance Company argued that the complainant is engaged in commercial activities and therefore does not fall under the definition of "consumer" as per the Consumer Protection Act. Hence, the complaint is liable to be dismissed.

6. The State Commission allowed the Complaint No.17/2012 vide the impugned order dated 09.07.2013 and directed as under:

“ORDER

17. The present complaint of Zenus Infrastructures Ltd. is allowed. The complainant is entitled to receive from the non- petitioner-Oriental Insurance Company Ltd., an amount of Rs.80,35,233/-(Rupees Eighty Lacs Thirty Five Thousand Two Hundred Thirty Three only) along with an interest @ 10% per annum from the date of filing of the complaint as compensation for the damage to it's goods and stock at it's premises. The complainant shall be entitled to get a consolidated amount of Rs.50,000/- (Rupees Fifty Thousand) for mental agony and cost of proceedings in the matter.