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2023 Supreme(Online)(NCDRC) 732

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
M/S. UBALE & 4 ORS. – Appellant
Versus
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Petitioner: MR. AJAY GUPTA
For the Respondent: M/S. VISHNU MEHRA & CO.

ORDER

1.      This complaint under the Consumer Protection Act, 1986 (in short, the ‘Act’) has been filed seeking the enhancement of a fire insurance claim filed with the opposite party with compensation alleging deficiency in service. The complainant is a family partnership firm engaged in the business of sale of readymade garments which had obtained a Merchant’s Cover and Insurance Policy (in short, the ‘Policy’) from the opposite party for Rs 5.22 crores under different coverage for his premises which was completely damaged in a fire on 18.12.2013.

2.     The facts of the case, as per the complainant, are that he had a Rs 2 crore hypo (loan) limit for his showroom from Nasik Merchant Co-Operative Multi Schedule Bank which in turn had obtained an insurance policy with the opposite party since 2011. The policy on renewal was valid from 28.05.2013 to 27.05.2014 for an assured sum of Rs 5.22 crores. The shop had 4 floors with the kids section and office on the ground floor, saree section on mezzanine, boys and ladies wear on first floor, menswear on second floor, stores and DG set on the third and water tanks, air cooling system etc., on the terrace. It is stated that on 18.12.2013 ni

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