STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 14.03.2019 Date of Final Hearing: 25.02.2026 Date of Pronouncement: 06.03.2026 SC/5/A/59/2019 Administrative Officer, National Insurance Company Limited Regional Office, Jai Plaza

56, Rajpur Road, Dehradun – 248001 (Through: Sh. Deepak Ahluwalia, Advocate)

…… Appellant Versus Sh. Indermani Bhatt S/o Sh. Sachidanand Bhatt R/o Village Ladari, P.O. Joshiyara, Patti Badagaddi Tehsil Bhatwari, District Uttarkashi (Uttarakhand)

(Through: Sh. Abhishek Nautiyal, Advocate)

…… Respondent Coram:

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

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against the impugned judgment and order dated 21.12.2018 passed by learned District Consumer Disputes Redressal Forum, Uttarkashi (hereinafter to be referred as “The District Commission”) in consumer complaint No. 18 of 2014, styled as Sh. Indermani Bhatt Vs. Gramin Bank, Uttarkashi and another, wherein and whereby the consumer complaint was allowed and the appellant / opposite party No. 2 (insurance company) was directed to pay the balance insured amount of the shop in question amounting to Rs. 1,75,000/- to the respondent / complainant together with interest @6% p.a. from the date of filing of the consumer complaint, i.e., 30.08.2014 till actual payment, besides to pay litigation expenses of Rs. 5,000/-.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant was having a grocery store under the name & style of Utkarsh General Store at Village Ladari, District Uttarkashi. For running the aforesaid shop, the complainant had purchased furniture etc. after availing loan facility of Rs. 4,00,000/- from Gramin Bank, Uttarkashi, which was impleaded as opposite party No. 1 to the consumer complaint. Out of the loan amount and also from his own funds, the complainant had purchased goods, furniture etc. for effective running of the shop. According to the terms and conditions of the loan, the furniture, fixture, fittings and stock in trade kept in the shop were insured against fire and allied perils under Shopkeepers Insurance Policy issued by the appellant for insured sum of Rs. 6,00,000/-, for the period from 01.04.2012 to 31.03.2013. During the currency of the insurance policy, in the night of 21.01.2013 at about 1:00 a.m., fire broke out in the insured shop due to short circuit, due to which, the entire goods kept in the shop got damaged. At the time of fire mishap, goods worth Rs. 15,00,000/- to Rs. 16,00,000/- were lying in the insured shop. The intimation of fire in the insured shop was immediately given by the complainant to the Fire Brigade Authorities, who visited the spot and after breaking the shutter of the shop, they could extinguish the fire with great difficulty, but by that time, the entire goods kept in the shop had burnt to ashes. The Fire Brigade personnel had also assessed the loss to the tune of approximately Rs. 10,00,000/-. The intimation of fire in the insured shop was also given to the bank as well as insurance company on 22.01.2013 and request for grant of compensation was made. Upon receipt of intimation, the surveyor of the insurance company came at the spot after 10-15 days’, who confirmed damage of entire goods kept in the insured shop on account of fire. The surveyor obtained the signatures of the complainant on blank papers as well as printed forms, however, the surveyor submitted an incorrect report with the insurance company. The insurance company, without any sufficient cause or reason, deposited / credited an amount of Rs. 3,61,100/- in the loan account of the complainant on 04.10.2013, whereas the insurance company was obliged to pay the complete insured sum of Rs. 6,00,000/-. The insurance company has, thus, flouted the terms & conditions of the insurance policy, by not paying the balance insured amount of Rs. 2,38,900/- and thereby committing deficiency in service on the