STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 09.08.2023 Date of Final Hearing: 24.03.2026 Date of Pronouncement: 01.04.2026 SC/5/A/90/2023 Bajaj Allianz General Insurance Company Limited Office at Block No. 04, 7^th Floor DLF Towers, 15, Shivaji Marg New Delhi – 110015 through its Senior Executive (Through: Sh. Rahul Gupta, Advocate)

…… Appellant Versus

1. Sh. Vinod Singh Rawat S/o Sh. Bhopal Singh Rawat R/o M.I.C. Road., Pauri Garhwal (Through: Sh. Kishore Kumar, Advocate)

2. IDBI Bank Limited Branch Pauri Garhwal Service through its Branch Manager (Through: Sh. R.S. Bajwa, Advocate)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 25.05.2023 passed by learned District Consumer Disputes Redressal Commission, Pauri Garhwal (hereinafter to be referred as “The District Commission”) in consumer complaint No. 23 of 2019, styled as Sh. Vinod Singh Rawat Vs. Bajaj Allianz General Insurance Company Limited and another, wherein and whereby the consumer complaint was allowed and the appellant / opposite party No. 1 (insurance company) was directed to pay compensation of Rs. 6,90,000/- to respondent No. 1 / complainant on account of loss suffered by him due to fire in the insured shop; Rs. 5,000/- towards mental agony and Rs. 5,000/- towards costs, in all, Rs. 7,00,000/-, within a period of one month from the date of impugned judgment and order, failing which the respondent No. 1 / complainant was also held entitled to interest @6% p.a. on the aforesaid amount from the date of impugned judgment and order till actual payment.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent No. 1 / complainant is the owner of shop under the name & style of “Vinod Singh and Brothers” situated at Kotdwar Road, near Laxminarayan Mandir, Pauri Garhwal. The said shop was got insured by the complainant with the appellant – insurance company through respondent No. 2 – bank, under Standard Fire and Special Perils Policy, valid for the period from 13.06.2018 to 12.06.2019 for insured sum of Rs. 7,50,300/-. During the currency of the insurance policy, on 29.11.2018 at about 2:35 a.m. in the night, fire broke out in the insured shop, intimation whereof was given to the complainant, whereupon the complainant reached the site and on opening the shutter of the shop, it was found that the fire had broken out due to short circuit. On account of fire, all the things kept inside the shop were burnt to ashes. Information was also given to the Fire Brigade authorities, who visited the site and extinguished the fire, but by then, all the material and stock kept in the shop were damaged. The intimation of fire in the insured shop was also conveyed to the police; insurer as well as bank on 29.11.2018 itself. The insurance company appointed surveyor, who visited the site for survey. All the relevant papers were supplied to the surveyor, who told that the claim shall be honoured by the insurance company very soon. The complainant sustained loss to the tune of Rs. 7,73,683/- in the fire mishap on account of damage of goods kept in the shop and other important documents. Inspite of expiry of sufficient time, the insurance company did not settle the complainant’s claim. Thus, alleging deficiency in service on the part of the insurance company as well as bank, the consumer complaint was submitted by the complainant before the District Commission.

3. The appellant – insurance company filed written statement before the District Commission and pleaded that on receipt of intimation regarding fire in the insured shop, the insurance company has appointed Mack Insurance Surveyors & Loss Assessors Pvt. Ltd., insurance surveyors & loss assessors, valuers, New Delhi, for assessment of loss, who on the basis of stock statement su