STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/15/126 VAISAKH PRESENT ADDRESS - VAIGA TC 21/1351-3,SOMAN NAGAR KARAMANA THIRUVANANTHAPURAM 695002 ,KERALA.

ATHIRA PRESENT ADDRESS - VAIGA TC 21/1351-3,SOMAN NAGAR KARAMANA THIRUVANANTHAPURAM 695002 ,KERALA.

.......Complainant(s)

Versus THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD PRESENT ADDRESS - PAN AFRICAN PLAZA OUTHENCHANTHA M G ROAD THIRUVANANTHAPURAM ,KERALA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 24/03/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.126/2015 JUDGEMENT DATED : 24.03.2025 PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER COMPLAINANTS:

1.

Vaisakh, VAIGA, T.C.21/1351-3, Soman Nagar, Karamana, Thiruvananthapuram - 695 002

2.

Athira, VAIGA, T.C.21/1351-3, Soman Nagar, Karamana, Thiruvananthapuram - 695 002 (by Adv. Sreevaraham N.G. Mahesh)

Vs.

OPPOSITE PARTY:

The Divisional Manager, National Insurance Company, Pan African Plaza, Puthenchantha, M.G. Road, Thiruvananthapuram - 695 001 (by Adv.

Prasanna Kumar Nair)

JUDGEMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER

This is a complaint filed under Section 17 of the Consumer Protection Act, 1986 against the Divisional Manager, New India Insurance Company attributing deficiency in service.

2. The complainants are husband and wife. They had availed a standard and special peril insurance policy from the opposite party for an amount of Rs.25,30,000/- (Rupees Twenty Five Lakhs Thirty Thousand only) with respect to the residential building of the complainants. On 21.04.2015 a heavy rain fall occurred in Thiruvananthapuram and most of the low lying areas in Thiruvananthapuram city were inundated. The house of the complainants situates at Soman Nagar, Karamana adjoining to the Killy river. Due to heavy rain water drained through the canal to the nearby areas and the entire location was submerged. Water up to 4-5ft. stagnated in the residential compound and the surrounding areas of the complainant. Water entered the ground floor of the house and it remained there throughout the night for almost 18 hours. Due to the heavy rain, a panic situation arose and complainant and their entire family had shifted to a nearby house.

3. On account of the above incident, the residential building of the complainants had tilted about 1-2ft. It is not possible for the complainants to occupy the building as the life of the inmates is in danger. The complainants had constructed the building by availing a loan of Rs.25,00,000/-(Rupees Twenty Five Lakhs only). The construction was effected in 2012 and the complainants and his family had been occupying the same till the 21.04.2015. On 21.04.2015 the complainants noticed tilting of the building and immediately the matter was brought to the notice of the opposite party. The foundation and the super structure are properly designed that of the adjacent buildings. Due to the heavy flood and unforeseen circumstances, the tilt occurred. The sub soil beneath the foundation was eroded on account of the fluctuation of the water table.

4. On 04.09.2015, the claim putforth by the complainants was repudiated by the opposite party without verifying the real facts. The complainants would seek for a direction to the opposite party to reimburse the claim of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) along with interest @18% per annum and compensation to the tune of Rs.10,00,000/-

(Rupees Ten Lakhs only) and costs Rs.5,00,000/-(Rupees Five Lakhs only).

5. The opposite party had entered appearance and filed written version with the following contentions:

The complaint is not maintainable either in law or on facts. The opposite party would admit that the house was covered by the standard and special peril insurance policy which is valid from 26.11.2013 to 25.11.201