C/1553/2016 MR. YASHWANT YADAV & ORS. VS THE NEW INDIA ASSURANCE CO. LTD. DOD.: 31.10.2022

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IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of Institution: 21.12.2016

Date of hearing: 22.08.2022

Date of Decision: 31.10.2022

COMPLAINT CASE NO.-1553/2016

IN THE MATTER OF:

1.MR. YASHWANT YADAV,

S/O MR. HARI SINGH,

R/O H.NO. 58, VILL. FAJALPUR,

JHARSA, THE. GURGAON, HARYANA.

2.MS. PROMILA YADAV,

W/O LATE MR. YOGESH KUMAR YADAV,

R/O H.NO. 778, SECTOR-17A, GURGAON.

3.MR. HEMANT SINGH YADAV,

S/O LATE MR. YOGESH KUMAR YADAV

R/O H.NO. 778, SECTOR-17A, GURGAON

(Through: Mr. Sanjeev Srivastava, Advocate)

…Complainants

VERSUS

THE NEW INDIA ASSURANCE CO. LTD.

3^RD FLOOR, R.G. CITY CENTRE, LSC,

BLOCK-B, LAWRENCE ROAD, DELHI

(Through: Mr. P.K. Seth, Advocate)

… Opposite Party

C/1553/2016 MR. YASHWANT YADAV & ORS. VS THE NEW INDIA ASSURANCE CO. LTD. DOD.: 31.10.2022

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CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL

(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present:

None for the parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL,

PRESIDENT

JUDGMENT

1.

The present complaint has been filed by the Complainants before

this Commission alleging deficiency of service on the part of

Opposite Party and has prayed the following reliefs:

a) Direct the opposite party to reopen and settle the

instant claim of the complainants as per the terms and

conditions of the policy

b) To indemnify the complainants for the losses suffered

by the complainants due to the damage to the insured

building and for the mental pain, agony and

harassment caused due to the illegal, arbitrary and

wrongful conduct of the opposite party alongwith

appropriate interest.

c) Grant cost of the present proceedings.

d) Pass such other order (s) as this Hon’ble Commission

may deem fit and proper in the facts and

circumstances of the case.

2.

Brief facts necessary for the adjudication of the present complaint

are that the Complainant purchased various policies from the

Opposite Party such as Standard Fire policy and Special Peril

Policy for covering its goods and premises from the risk in respect

of building including boundary wall, office building, fittings,

furniture fixtures, etc at Village Sampka PO Jodi, The. Farrukh

Nagar, Gurgaon. On 28/08/2014, due to heavy rains the boundary

C/1553/2016 MR. YASHWANT YADAV & ORS. VS THE NEW INDIA ASSURANCE CO. LTD. DOD.: 31.10.2022

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wall of the above mentioned building collapsed. The Complainants

immediately informed the Opposite Party about the said incident.

Thereafter, the insurance company appointed HRC Associates,

Surveyors and Loss Assessors as surveyor to visit the site and

assess the loss caused to the said boundary wall. The surveyor

asked clarifications from the Complainants and asked the

Complainants to comply with various formalities including

furnishing of various documents, which was provided by them but

the Opposite Party failed to settle his claim.

4.

In-spite of submitting all the documents and complying with all

the formalities, a letter was sent to the Complainants on

20.04.2015 wherein the said claim was closed as ‘No Claim’. The

Complainants through various communications requested the

Opposite Party to release the claim but was of no avail. Thereafter

the Complainants issued a legal notice dated 27.09.2016 for

settling the aforesaid claim but the Opposite Party failed to settle

the aforesaid claim.

5.

The Opposite Party has contested the present case and contended

that the Complainants failed to cooperate in providing the required

information either to the surveyor or to the Opposite Party in order

to enable them to proceed towards settlement of the afore

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