H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

(1) First Appeal No. : 262/2023 Date of Presentation: 17.11.2023 Order Reserved on: 22.04.2025 Date of Order: 09.05.2025 -----------------------------------------------------------------------------

1. National Insurance Company Limited, Regional Office, SCO 332-334, Sector 34-A, Chandigarh.

2. National Insurance Company Limited, Branch Office Joginder Nagar, Business Centre, Laxmi Market, NH-20, Joginder Nagar, District Mandi, H.P., through its Administrative Officer, TP Hub, Divisional Office Himland Hotel, Circular Road, Shimla, District Shimla, H.P.-171001.

..…Appellants/Opposite Parties.

Versus Vinod Kumar Sharma S/o Sh. Tilak Raj, Proprietor M/s Brother Light and Tent House, R/o Village Ballu, P.O. Saliana, Tehsil Palampur, District Kangra, H.P.

…....Respondent/Complainant ……………………………………………………………………………….

For the Appellants : Mr.Jagdish Thakur, Advocate.

For the Respondent : Ms.Reeta Hingmang, Advocate.

-------------------------------------------------------------------------------------------

(2) First Appeal No.: 280/2023 Date of Presentation: 01.12.2023 Order Reserved on: 22.04.2025 Date of Order: 09.05.2025 ………………………………………………………………………………. Vinod Kumar Sharma S/o Sh. Tilak Raj, Proprietor M/s Brother Light & Tent House, R/o Village Ballu, P.O. Saliana, Tehsil Palampur, District Kangra, H.P.

.........Appellant/Complainant.

Versus

1. National Insurance Company Ltd., through its Regional Manager, Chandigarh Regional Office, SCO 332-334, Sector

34-A, Chandigarh.

2. National Insurance Company Ltd., through its Branch Manager, Branch Office Joginder Nagar, Business Centre, Laxmi Market, NH-20, Joginder Nagar, District Mandi, H.P.-175015.

…….. Respondents/Opposite parties …………………………………………………………………………………

Coram Hon’ble Justice Inder Singh Mehta, President

1 Whether approved for reporting?

For the Appellant: Ms.Reeta Hingmang, Advocate.

For the Respondents: Mr.Jagdish Thakur, Advocate.

…………………………………………………………………………………………….

Justice Inder Singh Mehta, President.

O R D E R :-

The instant appeals are arising out of the common order dated 26.09.2023 passed by the District Commission, Kangra at Dharamshala, H.P. in Consumer Complaint No.412/2022 titled Vinod Kumar Sharma versus

1 Whether Reporters of the local papers may be allowed to see the order?

National Insurance Company Ltd. & Anr., whereby the complaint filed by the complainant was allowed and the opposite parties were directed jointly and severally to pay a sum of Rs.35,35,500/- to the complainant alongwith interest @ 9% per annum from the date of complaint i.e. 11.07.2022 till its realization. The opposite parties were also directed jointly and severally to pay Rs.50,000/- as compensation and Rs.20,000/- as litigation costs.

Brief facts of the Case:

2. Brief facts of the case are that the complainant had started a business of tent house and catering work under the name and style of “M/s Brothers Light & Tent House” for earning his livelihood at village Ballu, Tehsil Palampur, District Kangra, H.P. by raising a loan/cash credit limit to the tune of Rs.5,00,000/- from Syndicate Bank, Branch Palampur. There were curtains, beddings, tents, chairs and other items in the building/shop of the complainant. The shop in question and the articles kept in the inside were insured with the opposite parties w.e.f. 07.12.2017 to 06.12.2018 vide policy No.111171000007 for a sum of Rs.50,00,000/-. On 12.02.2018, due to short circuit, the fire broke out in the shop of the complainant and the entire shop and articles kept inside the building turned into ashes. Intimation of fire incident was given to the opposite parties/insurance company. The insurance company appointed a surveyor who assessed the loss to the tune of Rs.4,22,500/-. Due to fire accident, the complainant suffered loss to the tune of Rs.40.00 lacs to Rs.45.00 lacs, but the insurance company only paid the amount as assessed by the surveyor to the tune of Rs.4,22,500/- through NEFT. There is deficiency