STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 26.07.2018 Date of Final Hearing : 14.05.2025 Date of Pronouncement : 10.06.2025 SC/5/CC/13/11 M/s Bharat Constructions Through its Managing Partner Mr. Rajeev Garg S/o Sh. Hukum Chand R/o 74, Engineers Enclave, GMS Road, Dehradun (Through: Sh. Prateek Handa, Advocate)

…..Complainant VERSUS

1. The New India Assurance Company Ltd.

New India Building

87, Mahatma Gandhi Road, Fort, Mumbai – 400001

2. The Branch Manager The New India Assurance Company Ltd.

A-34, Model House, New Tehri, Uttarakhand – 249148 (Through: Smt. Anjali Gusain, Advocate)

…..Opposite Party Nos. 1 & 2 3. Mack Surveyors (P) Ltd.

Insurance Surveyors and Loss Assessors Valuers, 14A, Factory Road, (D-Block Basement)

Ring Road, Near Safdarjung Hospital, New Delhi

110029 None for Opposite Party No. 3 Coram:

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

ORDER

(Per: Ms. Kumkum Rani, President):

This complaint under Section 12 of The Consumer Protection Act, 1986 has been filed on behalf of the complainant for the relief mentioned in the bottom of the complaint. According to the complaint, it is stated that the complainant was awarded with the work of improvement and strengthening of State Road in District Pauri under package / contract No. 19 and the above work under package No. 19 was awarded by the Project Director / Chief Engineer (PMU) ADB, PWD (Transport) 21, Engineers Enclave, GMS Road, Dehradun, Uttarakhand. Under the said package No. 19, the complainant was required to construct / improve / strengthen two roads namely:-

a. Matiyali – Dwarikhal Motor Road (Km 0.00 to 17.220)

b. Hanumanti – Fatehpur Motor Road (Km

0.00 to 5.950)

c. Kandakhal – Chelasuin – Devikhet Motor Road (Km 0.00 to 13.960)

d. Chelusain – Devikhet Motor Road (Km 0.00 to 10.420)

and the price of the above mentioned contract is Rs. 34,93,11,512/-. According to the above contract, the date of start of the above said work was 10.01.2010 and the date of completion of the abovesaid work was 09.07.2011. The complainant got the above mentioned contract No. 19 insured from the opposite party No. 1 through opposite party No. 2 and paid a total premium of Rs. 7,77,846/- to the opposite party No. 1 in consideration for the same and policy No. 321907/44/10/03/60000003 was issued, which was effective from 04.08.2010 to 03.02.2012. The following coverage was included in the above referred policy:-

a. Removal of Debries : 2,00,00,000/- (Two Crores)

b. Flood / Heavy Rain Cloud Bursting : As per loss c. Earth Quake : As per loss d. Third party liability : 10,00,000/- (Ten Lakhs)

e. Surrounding Property : 10,00,000/- (Ten Lakhs)

f. Extended Warranty (Liability Defect: : 12 Months But unfortunately on 14.08.2011, the complainant suffered a loss due to heavy rainfall. The built up structure of the complainant, i.e. retaining wall, breast wall, existing roads, other properties, got damaged and the debris came to the work place due to land slide. The estimated amount of damage caused to the complainant at Matiyali – Dwarikhal Motor Road due to land slide is Rs. 27,36,552/-; Kandakhal – Chelasuin Motor Road due to land slide is Rs. 7,39,505/-; Hanumanti – Fatehpur Motor Road due to land slide is Rs. 3,15,220/- and Chelusain – Devikhet Motor Road due to land slide is Rs. 9,78,911/-. The total loss caused to the complainant under package 19 is Rs. 47,70,188/-. The claim was duly lodged with the opposite party No. 1 and the opposite party No. 3 visited the site of the complainant and inspected the affected location at the site. The complainant had submitted all the documents as required by the opposite parties. Inspite of regular reminders by the complainant, the opposite parties till date have not taken any positive step in settling the complainant’s duly lodged claim and to solve the grievance of the complainant, therefore, the complaint was lodged alleging that complainant comes under the definition of Section 2(1)d of the Consumer Protection A