IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 28.05.2024 Date of Hearing: 18.12.2025 Date of Decision: 02.02.2026 FIRST APPEAL NO. 386/2024 IN THE MATTER OF SHRIRAM GENERAL INSURANCE CO. LTD., E- 8, EPIP, RICCO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN – 302022.

(Through: Nandwani & Associates)

...Appellant VERSUS MR. ADESH SAINI, F – 999, IInd PUSTA, NEW USMANPUR, DELHI – 110053.

(Through: Sandeep Kumar & Associates)

…..Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: None for the appellant.

Mr. Sandeep Kumar and Mr. Sumit Kumar, Counsel for the Respondent. (Mob. 9871306571)

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1.1. (Introduction to consumer dispute of parties) The complainant/Insured has grievances of deficiency in services and unfair trade practice against Insurer OP that the insured's 'Vibratory Soil Compactor" bearing serial no. NKJ11107ELKKT01840. Chassis no. NKJ11107ELKKT01840 & Engine No. 8045.45.747.251235 (hereinafter referred as 'the Machinery’) was burnt in fire, when it was stationed at work site of Ashoka Buildcon Private Limited but OP/Insurer failed to settle the valid claim of damages happened to the Machinery in such episode of fire during currency of insurance policy. He had furnished all requisite documents and record, however, his claim was treated as "no claim case" on flimsy grounds for want of furnishing the papers by complainant, whereas OP's surveyor report clearly mentions of collection and assessment of record furnished. That is why complaint for appropriate directions to the OP to pay sum assured of Rs. 22,32,499/- in lieu of fire loss under insurance cover, compensation of Rs5,00,000/- in lieu of mental torture, harassment, inconvenience faced by complainant besides financial loss because of want of reimbursement of claim, costs of Rs.30,00 and other reliefs.

1.2. The complaint is opposed by the Of that there was no deficiency of services or record despite letters and reminder for assessment of claim, then finally the claim was unfair trade practice on their part but it was complaint at fault for want of providing the treated as "no claim case". The complaint is without merits. The OP is not liable for any amount.

2.1. (Case of complainant) The complainant deals in all type of work relating to earth leveling and filling, as well as providing JCB, Excavator, Hyva, Dumpers, Water tanker, Tractor, Loader, etc. The OP is in the business of general insurance in India and an insurance provider company.

2.2. The complainant had purchased the machinery from M/s Case New Holland Construction Company Equipment (India) Ltd. for Rs. 23.49.999.58p against invoice. The machinery was got insured from OP vide policy no. 101026/31/19/024918 for period from 25.01.2019 to 24.01.2020 of IDV of Rs. 22.32.499/- against payment of annual premium of Rs. 29,277/-, In January 2019 the complainant received work Order (through Om Shiv Earth Movers) for project of M/s Ashoka Buildcon Pvt.Com. at Vadodra, Kim Express, Gujarat. The complainant started working at the work site of said M/s Ashoka Buildcon Pvt. Ltd.

2.3. On 10.06.2019 at night, the complainant's machinery was standing at work site of M/s Ashoka Buildcon Pvt. Ltd. and in the same night, the fire broke out and complainant's machinery got burned down and damaged completely in the said fire. The other machineries and vehicles standing nearby were also burnt down, besides the machinery, its photographs were also taken. Soonafter, receipt of information of fire incident, the complainant contacted customer care of OP and lodged claim of fire incident, he was provided complaint no. 300153 by the customer care centre of OP. At the time of episode the complainant was in Vishakhapatnam and after reaching Delhi, he further contacted the OP for making the insurance claim, besides an