R.K. AGRAWAL, J., PRESIDENT

1. M/s. Bommidala Purnaiah Holdings Pvt. Ltd. through its Director and M/s. Tobacco Enterprises of India through its Managing Partner (hereinafter referred to as the Complainant) have filed Consumer Complaint Nos. 715 of 2015 and 716 of 216 respectively, under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against The New India Assurance Company Ltd. (hereinafter referred to as the ‘Opposite Party Insurance Company’). 

2. Since the material facts and issue involved in the both the cases are similar, we dispose of both these cases by this common Order.For the sake of convenience, the material facts as enumerated hereunder are taken from CC No. 715 of 2016 titled as “M/s. Bommidala Purnaiah Holdings (P) Ltd. vs. The New India Assurance Company Ltd.”

3. The Complainant, who is engaged in the business of tobacco trading and processing, stored its stock of tobacco in the godown of M/s Tobacco Enterprises of India. For covering the risk of its tobacco stock stored/lying in non-kutcha construction building situated in the premises of M/s. Tobacco Enterprises of India, the Complainant obtained two Standard Fire and Special Perils Policies, i.e., Policy No. 62100311120100000041 for the period of insurance from 09.04.2012, (03:04:29 pm) to 08.10.2012 (11;59:59 pm) for total sum insured of ₹5,00,00,000/- (Rupees Five Crore only) andPolicy No. 62100311120100000040 for the period of insurance from 09.04.2012, (12:14:45 pm) to 08.04.2013 (11;59:59 pm) for total sum insured of ₹2,00,00,000/- (Rupees Two Crore only), from Opposite Party Insurance Company after paying premium of ₹1,89,493/- (Rupees One Lac Eighty Nine Thousand Four Hundred Ninety-Three only) and ₹1,33,737/- (Rupees One Lac Thirty Three Thousand Seven Hundred Thirty Seven only) respectively.Unfortunately, during the currency of the Policies, i.e., on 10.08.2012 around 2:00 AM fire accident took place in the premises of Tobacco Enterprises India Ltd. due to short circuit of electricity.The incident was reported to the Local Police, who registered a case bearing Cr. No. 357 of 2012.The Police immediately contacted Clue Team to visit the scene of fire incident and the Clue Team examined the fire accident site and seized partly burnt loose tobacco leaves and other materials and forwarded these items to the Director, Forensic Science Laboratories, Hyderabad (hereinafter referred to as the FSL), for Analysis.The Police also informed the Station Fire Officer, Guntur, The Factories Department, Govt. of Andhra Pradesh and Electrical Inspectorate, Govt. of Andhra Pradesh, for visiting the fire spot and furnishing the report.The Complainant informed the Opposite Party Insurance Company about the Fire Incident and told that his stock of tobacco worth ₹6,04,97,423/- stored in the godown had been totally damaged.The Opposite Party Insurance Company appointed Unik Insurance Surveyor and Loss Assessors (P) Ltd. (hereinafter referred to as the Surveyor) to assess the loss.

4. The Electrical Inspectorate, Govt. of Andhra Pradesh vide letter dated 18.08.2012 informed that “as per investigation it is found that on 09.08.2012 there was a heavy rain in the area and power failure several times.  Due