ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR-37 A,CHANDIGARH Date of institution : 19.03.2025 Reserved on : 20.02.2026 Date of decision : 12.03.2026 Rakesh Kumar Bajaj, Proprietor of M/s Dwarka Knit Fab, # St. No.5, Master Wali Gali, Mochpura Bazar, Ludhiana, Mobile 9356343886, adv_gaganpreet@yahoo.com.

…..Appellant/complainant Versus

1. National Insurance Company Ltd., having its Head Office at 3, Middleton Street, Prafulla Chandra Sen Sarani, Kolkata, West Bengal-70007.

2. National Insurance Company Ltd., having its Branch Office at SCO-5, Gurudwara Sahib Sabha Market, Model Gram, Ludhiana-141002

2^nd Address: B-154, Kailash Nagar, Focal Point Road, Sherpur, Ludhiana-141010 ….Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 21.01.2025 passed by the District Consumer Disputes Redressal Commission, Ludhiana in CC/245/2022 Quorum:-

Mrs. Kiran Sibal, Presiding Member Mr. Vishav Kant Garg, Member Present:-

For the appellant : Sh. Parunjeet Singh, Advocate For respondents : Sh. Amit Kundra, Advocate KIRAN SIBAL, PRESIDING MEMBER The present appeal has been filed by the appellant/ complainant against the impugned order dated 21.01.2025 passed by District Consumer Disputes Redressal Commission, Ludhiana, (in short, “the District Commission”), whereby the complaint filed by complainant against opposite parties (in short ‘OPs’), under Section 35 of the Consumer Protection Act, 2019, was partly allowed while granting the following relief:-

“11. As a result of above discussion, the complaint is partly allowed with direction to the OPs to assess the loss of Rs.2,62,902/- in terms of the policy and without applying percentage basis of 65% or 40% within 30 days from the date of receipt of copy of order, failing which the complainant shall be held entitled to interest @8% per annum from the date of order till its actual payment. Further the OPs shall pay a composite costs of Rs.20,000/- (Rupees Twenty Thousand only) to complainant…………..”

3. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

4. Brief facts for the disposal of the appeal, as set out in the complaint, are that the complainant obtained ‘Standard Fire and Special Perils’ policy bearing No. 401314111910000068 for its firm from OPs, which was valid from 11.08.2019 to 10.08.2020, for the sum assured of Rs.65,00,000/-. The complainant alleged that due to heavy downpour on the intervening night of 26-27.09.2019, the sewerage system failed to draw out the rainwater efficiently and the low lying areas, main roads and streets were flooded with the rainwater, very badly. Further due to the choking of sewerage system, followed by heavy downpour caused water level to rise rapidly and it entered into the complainant’s firm premises upto 10-12 inches. The stock lying on the floor, racks, in the polythene packing and gunny bags got immersed in dirty water, which also includes the industrial and chemical impurities like mud, foreign material and organic matter etc. and due to which the stock on the floral area was damaged badly. The complainant informed the OPs about the damage caused to its stock and filed claim along with all the relevant documents for reimbursement. The OPs had sent their surveyor on the spot and he after inspecting the spot, assured the complainant that claimed amount shall be reimbursed very soon. The surveyor assessed the loss to the tune of Rs.1,03,987/-, which was prepared by him partially by not mentioning the entire facts. He has not disclosed the complete details of the stock damaged in the said rainfall. The complainant got prepared the correct report and the same was duly certified by the Chartered Accountant, who assessed the loss to the tune of Rs.2,76,047/-. The complainant further stated that the claim of the complainant was repudiated by the OPs, vide letter dated 17.06.2