AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 05/09/2024 Date of Final Hearing: 13/06/2025 Date of Pronouncement: 17/06/2025 APPEAL No.- FA/24/577 IN THE MATTER OF :

Manager, Universal Sompo General Insurance Co. Ltd., 1st Floor, B-7, Shri Ram Nagar, T.V. Tower Road, Raipur (C.G.) – 402 001 … O.P. No.1 / Appellant Through: Shri Sanjay Tiwari, Advocate Vs.

1. Vijay Ghoshal, S/o. Late Shri P.C. Ghoshal, R/o. House No.32, Housing Board Colony, Bandhapara, Dist. Kondagaon (Bastar) – 494226 (C.G.) … Complainant / Respondent No.1 Through: Shri Yashwant Yadav, Advocate.

2. Branch Manager, Indian Overseas Bank, Branch: Kondagaon, Dist. Kondagaon (Bastar) – 494 226 (C.G.) … O.P. No.2 / Respondent No.2 Through: Shri Saurabh Kumar Dass, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Sanjay Tiwari, Advocate for the appellant.

Shri Yashwant Yadav, Advocate for respondent No.1 Shri Saurabh Kumar Dass, Advocate for respondent No.2

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal is filed under section 41 of the Consumer Protection Act 2019 (hereinafter referred to as “the Act” for short) against order dated 04.07.2024 passed by District Consumer Disputes Redressal Commission, Bastar at Jagdalpur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/67/2022, whereby the complaint was partly allowed and the opposite party No.1/ appellant herein was directed to pay the respondent No.1/ complainant the amount of insured sum of his shop and stock, which suffered total loss in fire incident, Rs.20,00,000/- (Twenty Lacs) along with simple interest @ 7% p.a. from the date of filing complaint 13.07.2022 within one month, failing which the interest was directed to be paid @ 9% p.a. The opposite party No.1/ appellant was further directed to pay Rs.10,000/- (Ten Thousand) to the complainant/ respondent No.1 towards compensation for mental agony and sufferings along with cost of litigation Rs.3,000/- (Three Thousand). The opposite party No.2/ respondent No.2 was directed to waive off the interest and penalty thereon from the date of loss 06.04.2021 till deposit of insurance compensation as above by the opposite party No.1/ appellant.

2. In nutshell the facts of the case, as stated in the complaint, are that the complainant/ respondent No.1 runs his shop namely T.S. Traders in Kondagaon for which Cash Credit Limit of Rs.14,00,000/- was sanctioned by the opposite party No.2/ respondent No.2 on the basis of application and stock of the shop. The opposite party No.2/ respondent No.2 Indian Overseas Bank obtained insurance cover for the shop of the complainant/ respondent No.1 from the opposite party No.1/ appellant insurance company for IDV of Rs.20,00,000/-. In the night of 06.04.2021, the shop of complainant/ respondent No.1 caught fire and totally burnt till the complainant / respondent No.1 arrived at the shop. Intimation was given to the local Police and timely intimation was also given to the opposite party No.1/ appellant. On 09.04.2021 the opposite party No.1/ appellant gave written information to respondent No.1/ complainant about receipt of information of the fire incident and instructed to submit the copy of FIR and Panchnama as early as possible, which were provided by the complainant/ respondent No.1. Then a surveyor B.P. Das, appointed by the insurer inspected the shop on 23.06.2021 in the presence of the complainant/ respondent No.1. Thereafter the surveyor also asked certain documents including purchase bills of stock, IT Return, profit and loss account of last three years, GST Return, Sale and Purchase Register, Stock Register as on the date of loss, bank account statement of last six months, out of which purchase bills, IT Return, profit and loss account of last three years, stock statement submitted to the Bank and bank account of last six months were submitted but othe