BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter in Consumer Complaint 06 of 2024.

Before Ms. Varsha R. Bale, President, (Off. President)

Ms. Rachna Anna Maria Gonsalves, Member M/s Airsonic Holiday Pvt. Ltd., A Company Registered under the Provisions of Indian Companies Act, 1956 having its Registered Office at 1904 C Roma Lodha Fioronza, Great Western Highway, Goregaon East, Mumbai 63.

The said Company is represented in its act through its Director and Authorised Signatory Mr. Pramod Rane, S/o Shri. Atmaram Rane, aged about 71 years, Businessman, Indian National, r/o H. No. 515, Ashwem, Mandrem-Goa. ……Complainant V.

National Insurance Company Ltd., Mumbai Divisional Office XIX(261000), Sterling Cinema Structures, 2nd floor, 65 Murzban Street, Mumbai 400001. …..Opposite Party-1 National Insurance Company Ltd.

Mumbai Regional Office, Sterling Cinema Structures, 2nd floor, 65 Murzban Street, Mumbai-400001. .....Opposite Party-2 Adv. Shri. Neelesh Takkekar (via VC) along with Adv. Ms. Nikita Chopdekar present for Complainant.

Adv. Shri. U. R. Timble present for Opposite Parties.

DATE: 12/01/2026 JUDGMENT [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Judgment and Order arises out of Complaint filed by the Complainant in CC/06/2024 before this Commission alleging deficiency in service.

2. The brief facts:

A. The case of the Complainant is:

i. That the Complainant is lawful owner of the structures which are in the nature of furnished Hotel/Resort Room and other premises annexed to the same and located on the property bearing Survey No. 215/1 and 215/2 of Village Mandrem at Pernem Taluka, State of Goa and the said land is owned and possessed by the Director of the said Company by nature of Registered Deed of Sale and evidences the lawful title in respect of the said Individual.

ii. That the Complainant is in hospitality business and operating the said structures which is in the nature of Hotel cum Resort and installed/set up by the said Company after having obtained the required permissions and sanctions as per law.

iii. The Complainant, in order to protect its financial interest and for Indemnification against any loss which may occur due to unforeseen events, had availed the services of the Opposite Party Company by obtaining a Standard Fire and Special Perils Insurance Policy for the period 22/01/2021 to 21/01/2022 with respect to the said Property/Building structures including plant, machinery furnitures, fixture, fittings therein which belong to the Complainant and the Complainant had taken the said Fire Policy of the Opposite Party for Indemnification from any unforeseen losses including those resulting from Cyclone and not for sale or making profit and as such is a consumer under CPA 2019.

iv. That the Complainant further stated that the said Fire Insurance Policy was purchased from Opposite Party-1 i.e. the National Insurance Company Ltd., being Standard Fire and Special Peril Policy bearing No. 261000 1120 10000149 covering risks, with effect from 22/01/2021 to 22/01/2022 which included loss resulting from Cyclone, Fire, Theft, Natural calamities etc. and as per the Terms and Conditions and its applicable clauses which includes, “Reinstatement Value Clauses”, “Property Designation Clauses”, “Waiver of under Insurance 15%” and “Omission and Addition/Alteration 5%”, amongst other Clauses, Terms and Conditions of Tariff Advisory Committee (TAC).

v. Thereafter on 16/05/2021 most of the areas in the State of Goa as well as neighbouring states were severely affected by a natural calamity i.e. the occurrence of the Tauktae Cyclone and due to this occurrence, the Insured structures and Plant and machinery, as well Furnitures, Fixtures and Fittings therein, which were operated by the Complainant as Hotel Cum Resort were severely affected and were Insured/Covered under the Fire Insurance Policy of the Opposite Party. Also there was substantial loss and damage to the Building Structures and Plant and