THE STATE CONSUMER DISPUTES COMMISSION MAHARASHTRA STATE MUMBAI CONSUMER COMPLAINT NO.SC/27/CC/17/78 M/s Auto Cable Industries Through Authorised Representative Gayatridevi Shyamsunder Kedia Rahjans Industrial Estate, Chinchpada Village - Gokhivare/Valiv, Vasai (E), Dist-Thane-401 202. .… Complainant Versus United India Insurance Co. Ltd

3, Mehta House, 2^nd Floor, 91, Bombay Samachar Marg, Fort, Mumbai - 400 023. …..Opposite Party.

BEFORE:

Ms. Poonam V. Maharshi, Hon’ble Presiding Member.

Dr. Nisha Amol Chavhan, Hon’ble Member APPEARANCE :

For Complainants: : Adv. Sajira Jondhale i/b Adv. U.B. Wavikar For Opponent : Adv. Pervin Contractor

O R D E R

(Delivered on 10/03/2026)

Per Mrs. Dr. Nisha Amol Chavhan, Member.

1. The present Consumer Complaint No. CC/17/78 is filed under Sec.17 of the Consumer Protection Act-1986. (The ‘C.P. Act’ for short) by the complainant against Opponent.

2. The brief facts of the case of Complainant stated that Complainant is a Proprietary firm carrying on business as manufacturer of Brake Cycle Cables for auto industries/Cycle Industries. The Opposite Party is the General Insurance Company. The Complainant had taken Standard Fire and Special Perils Insurance Policy bearing no. 020300/11/05/00071 and have paid the premium as charged by the Opposite Party covering the stocks & stock in process including raw material pertaining to the Insured's trade, finished & Unfinished goods, Plant/Machinery & accessories, Spare parts, furniture, fixtures and fittings. The said policy was valid for the period 08/04/2005 to

07/04/2006.

3. The Complainant further submitted that on 26/07/2005 there was heavy rain continuously for more than 12 hours and the rainfall recorded was 40", the highest in 100 years. Moreover there was high tide in the sea, so sewerage pipes were closed. Due to the Flood the water level rose to 5-6 feet & above all over Mumbai and receded only after 12 hours i.e., the morning of 27/07/2005. The telephone and mobile lines also became dead almost for a day. All transports such as Bus, Train and Electricity were shut down and everything became standstill nobody could move about on that day, The State Government had also declared holiday for 27/07/2005 and 28/07/2005.

4. The Complainant further states that the flood water entered their factory premises with the water level up to about 2 feet and the whole factory was under water. The muddy and oily water choked all the machines and made them inoperative. The Complainant by their letter dated 27/07/2005 informed the Opposite Party about the damage to the goods, stocks, furniture, fixtures, machinery and building in the flood which are covered under the above mentioned Insurance Policy and also requested to depute the surveyor immediately.

5. The Complainant was informed that M/s. Prabha Associates were appointed as Surveyors to assess the loss suffered by the Complainant due to the said deluge. The Complainant was following up with the Opposite Party as well as the said M/s Prabha Associates, the Surveyors, to visit their premises immediately as the whole factory premises including the Machinery/Equipment, stock, stock in process, raw materials, furniture, fixtures, etc. was covered with mud and oily water emanating foul smell and making it impossible to move about in the premises. The Complainant continuously tried to contact Mr. M. S.

Relwani, the Surveyor and also kept the contact telephone/mobile numbers to call back but he did not call back and was reluctant to visit the Complainant's factory. The scrap generated due to flood had junked M.S and other material which were causing hazardous to health and storage problems apart from objections from the Society, Government authorities and local politicians. Under the circumstances the Complainant had no other alternative but was compelled to start cleaning up the premises, Machinery & Equipment and to segregate the goods and damaged material and dispose of the scrap because of the delay in the visit of the Sur