STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/190/2017 N.K.MEERA PRESENT ADDRESS - ..,KERALA.

.......Appellant(s)

Versus UNITED INDIA INSURANCE PRESENT ADDRESS - ..,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 18/09/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL Nos. 13/2017 and 190/2017 COMMON JUDGMENT DATED: 18.09.2025 (Against the Order in C.C. 75/2011 of DCDRC, Kozhikode)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER APPEAL No. 13/2017 APPELLANT:

United India Insurance Co. Ltd., Divisional Office No. 2, Seema Tower, Mavoor Road, Kozhikode.

(By Adv. Lakshmanan T.J.)

Vs.

RESPONDENTS:

1. N.K. Meera, D/o N.K. Kunhiraman, Apsons Compound, Pulikkal Road, Calicut-

673 011, represented M/s Amsons House, 201 Zaina Building, Westhill P.O., Calicut.

2. State Bank of Travancore, Main Branch, Kannur Road, Kozhikode.

(By Adv. G.S. Pradeep and Adv. Mini Wilson Mullasseril for R2)

APPEAL No. 190/2017 APPELLANT:

N.K. Meera, D/o N.K. Kunhiraman, Apsons Compound, Pulikkal Road, Calicut-673

011, represented M/s Amsons House, 201 Zaina Building, Westhill P.O., Calicut.

(By Adv. Sheeba Sivadasan, Amicus Curiae)

Vs.

RESPONDENTS:

1. United India Insurance Co. Ltd., Divisional Office No. 2, Seema Tower, Mavoor Road, Kozhikode.

2. State Bank of Travancore, Main Branch, Kannur Road, Kozhikode.

(By Adv. Wilson Mullasseril for R2)

COMMON JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellant in Appeal No.190/2017 is the complainant and the appellant in Appeal No.13/2017 is the first opposite party in C.C.No.75/2011 on the files of the District Consumer Disputes Redressal Commission, Kozhikode (for short, ‘the District Commission’).

2. The complainant is a lady, running a firm manufacturing and selling handmade soaps for her livelihood. The office of the firm is functioning at Amsons House, Room No. 201/206, Zaina Building, West Hill, Calicut. The raw materials and handmade soaps are stored at the premises at Nellikode Building, Chelappram, Kakkodi, Calicut. The complainant availed credit facility from the second opposite party by hypothecating the materials stored for making soaps as the primary security. As instructed by the second opposite party, the soaps and raw materials were insured with the first opposite party against fire and other special perils under Standard Fire and Special Perils Policy.

3. The said policy was renewed for the period from 31.10.2008 to

30.10.2009. While so, on 24.12.2008 after 8 pm, a fire broke out in the premises where the raw materials and soaps were stored. The fire could be brought under control by the fire force and the police. The raw materials and soaps were damaged in the fire and the complainant sustained a loss to the tune of Rs. 32,76,604/-. An FIR was registered by the police in this regard. The second opposite party inspected the premises and as per their advice, a claim was submitted by the complainant before the first opposite party on 25.12.2008. The first opposite party deputed a surveyor to inspect the premises and submit a report with regard to the loss. Accordingly, the surveyor visited the premises and submitted a survey report to the first opposite party. The first opposite party demanded various documents. The complainant produced all the documents which the complainant had with her. However, the first opposite party repudiated the claim on three reasons.

4. The first reason is that the policy was having coverage in respect of the property situated in 201, Amsons House, Zaina Building, Westhill, Calicut, whereas the claim for damages was in respect of the property at Nellikode Building, Chelappram, Kakkodi. The second reason for the repudiation is that the books of accounts, purchase bills/vouchers etc. were not submitte