Date of filing : 29.08.2018.

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU.JUSTICE R.SUBBIAH: PRESIDENT C.C.No.175 of 2018 Thursday, the 6th day of February, 2025 M/s. Excel Power Switchgear Private Limited, Represented by its Managing Director, Having its Registered Office at No.39, First Cross Street, Achuthan Nagar, Ekkaduthangal, Chennai - 600 032. ... Complainant - Vs –

HDFC ERGO General Insurance Company Limited, Represented by its Manager, RR Tower II, 2nd Floor, No.94/95, TVK Industrial Estate, Guindy, Chennai - 600 032. ... Opposite Party Counsel for the Complainant : M/s. N.Kishore Kumar Counsel for the Opposite party : M/s. M.B.Gopalan.

This complaint came up for final hearing on 23.01.2025 and on hearing the counsel for the complainant and the opposite party and on perusing the material records, this Commission made the following :-

ORDER

R.SUBBIAH J., PRESIDENT This complaint has been filed by the Complainant under Sections 17 of the Consumer Protection Act, 1986, as against the opposite party, for the following directions:-

a. To direct the first opposite party to pay the balance claim amount of Rs.36,22,700/- with interest @ 18% p.a., from 06.01.2016 from the date of the claim to the complainant till the date of payment;

b. To pay a sum of Rs.5,00,000/- towards mental agony and damage to the complainant; and to pay cost of the proceedings.

2. The case of the complainant is that the complainant is a Private Limited Company, incorporated under the Indian Companies Act. The complainant is in the business of manufacturing Vacuum Circuit Breakers and Electrical Control Panels. In the course of business, the complainant had availed insurance through their Bankers M/s. City Union Bank, Chinmaya Nagar Branch, as part of mandate in terms of loan agreement for their factory from the opposite party and the Bank was the Co-insurer. The opposite party covered the three machines under Policy No. 911101004738160000, Plant & Machinery Claim, which was in operation for the 12 month period commencing on 1st March 2015, valid till 29.02.2016. The premium auto-debited by the bank towards the policy was Rs.8,238/-. The sum assured under Standard Flood and Special Peril Policy with the opposite party is for Rs.62,00,000/-. While so, unfortunately, on 02.12.2015 during the subsistence of the above insurance policy, Chennai City and neighbouring Districts faced unprecedented rains and flooding for over 100 years and the city of Chennai and its suburban areas recorded multiple torrential rainfall events during November - December 2015 that inundated the coastal Districts of Chennai - Kancheepuram and Thiruvallur, and affected more than 4 million people with serious economic damages. The Centre has accorded the status of 'severe nature' to rains and flood disaster in Tamil Nadu. The Thirumudivakkam area was completely flooded and one of the worst affected areas. The complainant factory is only about 200 meters away from the River Bed of Chembarambakkam lake outlet and the flood impact and inundation was very severe. The entire factory was inundated and was sub-merged for about nine feet from ground level with flood waters. The three main machinery detailed hereunder covered under the policy were completely submerged due to the over-flow and floods:

i. "Hartford" Brand Vertical Machine Center - Model: S-

Plus 8+ Mitsubishi M70AVU- Made in Taiwan.

ii. Vertical & Horizontal Milling Machine with Standard Accessories - Model LC-250VHD: Serial No.21000703.

iii. CNC Lathe Machine 200XL M/C No.5 with FanueOi-

Mate control TD Controller.

Due to the heavy floods, the entire Thirumudivakkam area was under the control of relief and rescue team of the Indian Army and there was a total ban on entry from 02.12.2015 till 06.12.2015. The complainant could get entry only on that day, when the ban was lifted. On the same day, the complainant informed about the inundation of the machinery to their Bankers, who had taken