STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 06.02.2018 Date of Final Hearing : 08.05.2025 Date of Pronouncement : 02.06.2025 SC/5/CC/6/2018 M/s D.S.M. (JV)

Through Sh. Dalip Singh Adhikari S/o Sh. Trilok Singh Adhikari R/o Atrangiya Lohaghat, Champawat, Uttarakhand (Through: Sh. Vaibhav Jain, Advocate)

…..Complainant VERSUS

1. National Insurance Company Ltd.

Sadar Bazar, Shahjahanpur – 242001 (UP)

Through its Manager

2. National Insurance Company Ltd.

Regional Office, 56 Rajpur Road, Jai Plaza, Dehradun Through its Chief Regional Manager (Through: Smt. Anjali Gusain, Advocate)

…..Opposite Parties Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This complaint has been filed on behalf of the complainant – M/s D.S.M. (JV) with the request to direct the opposite parties to pay the amount of Rs. 80 Lakhs as loss incurred by the complainant alongwith interest @

24% from the date of loss till payment and Rs. 10 Lakh for mental, physical harassment, loss of business opportunities and financial loss and Rs. 1 Lakh towards legal expenses.

2. According to the complaint, it is stated that the complainant is a joint venture and Sh. Dalip Singh Adhikari is one of its member and has been duly authorised by its other members to file the present complaint and as such Sh. Dalip Singh Adhikari is fully competent to sign and file the present complaint. The complainant was awarded contract for construction of ITBP road to Indi-China Border from New Sobla to Sela Tedang in State of Uttarakhand SH: Formation work from RD10.00 Km to RD 21.30Kms. by the Government Union of India. The work being done by the complainant was in hilly areas / remote areas and there always exist an apprehension of natural calamities, therefore, the complainant contacted the opposite parties and an enquiry was made in respect of the coverage of the entire site of the complainant on which the work was to be executed. The opposite parties in furtherance thereof put-forth before the complainant “Contractors All Risk Insurance Policy” whereby assuring the complainant that under the said policy every risk in respect of the project, i.e. site on which work is to be executed by the complainant is covered. In this respect, the complainant was assured by the opposite parties and in the proposal form, the complainant has categorically opted the following risk:-

i. Earthquake-Fire & Shock ii. Landslide / Rockslide / Subsidence iii. Flood / inundation iv. Storm / Tempest/Hurricane/ Typhoon/ Cyclone v. Collapse vi. Water Damage for ‘wet’ risk, i.e. Contract involving construction in rivers, canals, lakes or sea.

Thus, the complainant took the ‘Contractors All Risk Insurance Policy” from the opposite parties vide policy cover note No. 462000/44/12/5600000027 after receiving a hefty premium of Rs. 6,46,187/- for the period from 18.09.2012 to 17.09.2013. On dated 16.06.2013 due to heavy rain and landslide, the work done by the complainant on the insured site got washed aside causing heavy losses amounting to more than Rs. 80 Lakhs to the complainant. Thereafter the complainant immediately submitted its claim with the opposite parties with the request to conduct survey on the site. Therefore, the opposite parties have appointed a surveyor M/s S.K. Agarwal & Company for investigation and assessment of loss. The complainant continuously contacted the opposite parties and its surveyor for settlement of the claim, but the opposite parties and the said surveyor acted in collusion and connivance and failed to any heed to the repeated request and reminders of the complainant. Almost expiry of period of more than 2 and half year, the opposite parties sent a letter on dated 12.02.2016 to the complainant whereby they have repudiated the claim on the following grounds:- 1. Loss occurred due to heavy flood and landslide which comes under STFI perils.

2. STFI Cover is excluded in the policy.

That the said repudiation was based