STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 21.04.2017 Date of final hearing:04.08.2022 Date of Pronouncement: 04.08.2022 Appeal No.496 of 2017 IN THE MATTER OF M/s Panipat Handloom Depot, Jawahar Chowk, Thana Road, Fatehabad through its proprietor Raj Kumar son of Gian Chand Caste Arora resident of DSP Road, Fatehabad, Tehsil & District Fatehabad.

Through Shri H.P.S. Kochhar, Advocate …….Appellant-Complainant Versus

1. National Insurance Company Limited through its Divisional Manager, Divisional Office, Sirsa, Tehsil & District Sirsa, Haryana.

2. Branch Manager, National Insurance Company Limited through its Branch Office G.T. Road, Fatehabad, Tehsil & District Fatehabad, Haryana.

Through Shri Nitin Gupta, Advocate ……Respondents –Opposite Parties CORAM: Hon‟ble Mr. Justice T.P.S. Mann, President.

Ms. Manjula, Member Present: Shri H.P. Kochhar, counsel for the appellant.

Shri Nitin Gupta, counsel for the respondents.

O R D E R

PER: T.P.S. MANN, J.

The instant appeal has been filed by M/s Panipat Handloom Depot, Jawahar Chowk, Thana Road, Fatehabad (hereinafter referred to as the „complainant‟) for challenging the order dated 27.02.2017 passed by the District Consumer Disputes Redressal Forum, Fatehabad whereby complaint filed by the complainant against National Insurance Company Limited through its Divisional Manager, Divisional Office, Sirsa and Branch Manager, National Insurance Company Limited through its Branch Office G.T. Road, Fatehabad (hereinafter referred to as the „opposite parties‟)

under Section 12 of the Consumer Protection Act, 1986 was dismissed.

2. The facts leading to the complaint were that the complainant firm is dealing in retail business/trading of handloom items and other allied goods and the said firm was having cash credit account up to the limit of Rs.8,00,000/- with Bank of Baroda, Fatehabad, Tehsil & District Fatehabad against the stocks lying in the said firm. The goods were hypothecated to the Bank of Baroda on behalf of the firm for the stock-in-trade of handloom and its allied goods stored in the firm were insured by opposite party No.1 vide policy issued by opposite party No.2 having validity for one year commencing from 18.10.2011 to midnight of 17.10.2012. Being shopkeeper‟s insurance policy, it was having coverage qua fire and allied perils (contents) alongwith burglary and house breaking, money insurance (in transit), money insurance (in till/counter) baggage insurance and public liabilities for which separate requisite premium was paid by the bank after deducting the same from the account of the firm to the opposite parties. The firm was having insurance coverage upto Rs.16,00,000/- under Fire and Allied Perils (contents), excluding money and valuable, but including furniture, fixture, fittings and stock-in-trade.

3. It was also averred that during the intervening night of 22/23.08.2012 at about 3.15 a.m. the proprietor of the firm, namely, Raj Kumar received a message about breaking out of fire in the shop. He alongwith his brothers Bhim and Rajender reached at the spot and found that fire had broken out in the basement of the firm/shop and heavy smoke was coming out from there. In the meanwhile, fire brigade also came at the spot and its officials managed to extinguish the fire after dismantling the first wall of the basement with the help of JCB machine. Almost the entire stock, having value to the tune of Rs.16-17 lacs, lying in the basement as well as on the ground floor of the shop/firm was gutted in fire and reduced to ashes. The police of Police Station City, Fatehabad reported the matter about this incident/mishap vide DDR No.37 dated 23.08.2012.

4. It was further averred that the proprietor of the firm gave intimation to his banker i.e. Bank of Baroda regarding the fire and loss and thereafter to the opposite parties through the bank on the same day. After this, officers/investigator of the opposite parties visited the spot and facts about the inciden