ORDER

1.      Heard Mr. S.M. Tripathi, Advocate, for the appellants and Mr. V.K. Mishra, Advocate, for the respondent.

2.      The New India Assurance Company Limited and others (the opposite parties) have filed above appeal from the order of State Consumer Disputes Redressal Commission, Maharashtra, dated 10.07.2015, passed in CC/07/158, partly allowing the complaint and directing the appellants to pay Rs.8337905/- with interest @9% per annum from 12.10.2007 till realization, as insurance claim and Rs.25000/- as the cost of litigation.

3.      The office has reported 14 days delay in filing the appeal. The appellants have filed IA/8804/2015 for condonation of delay. Cause shown is sufficient. Delay in filing the appeal is condoned.

4.      M/s. Krupa Chaton Manufacturing Company Pvt. Ltd. (the respondent) filed CC/07/158, for directing the appellants to pay (i) Rs.8337905/- with interest @18% per annum from 05.12.2005 till realization, as the insurance claim, (ii) Rs.5/- lacs, as exemplary damages, (iii) cost of the litigation; and (iv) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

5.      The facts as stated in the complaint and emerged from the documents attached with it are as follows:- 

(a)     M/s. Krupa Chaton Manufacturing Company Pvt. Ltd. (the complainant), (the Insured) was a company, registered under Indian Companies Act, 1956 and engaged in the business of manufacture and sale of plain white and coloured glass beads, tubes and rods, which were cut into small pieces/beads and used for decoration in saries/fancy materials. The complainant had various factories/ storage and different locations. The present claim was in respect of loss of Building, Stock and Machinery of Art Glass Industries, situated at village Abrama, National Highway No.8, district Valsad, of its buildings, denoted as Building-1 and Building-3, in the diagram prepared by the surveyor in its report dated 15.03.2006.

(b)     The New India Assurance Company Limited (the opposite party) (the insurer) was a public insurance company and engaged in the business of providing insurance services. The Insured obtained Standard Fire and Special Perils Policy No. 111100/11/04/01196, from the Insurer for the period of 30.12.2004 to 29.12.2005, for sum insured of Rs.396/- lacs (i.e. Rs.130/- lacs for the Stock of raw materials, semi-finished, finished goods and packing materials, Rs.136/- lacs for the Building and Rs.130/- lacs for the Machinery). Standard Fire and Special Perils Policy No. 111188/11/04/01205, from the Insurer for the period of 31.12.2004 to 30.12.2005, for sum insured of Rs.15042000/-, on Stock of raw materials, semi-finished goods, finished goods, packing materials, Chemicals. Lists of risk locations were attached to the policies. 

(c)     There were heavy rainfalls on 28.06.2005, in Valsad region, resulting flood in whole area. The drain/nallah adjoining the Insured’s factory premises at village Abrama, National Highway No.8, district Valsad was overflowed with dirty water and damaged Stock of raw materials, semi-finished goods, finished goods, packing materials. The Insured informed the Insurer about the loss on 29.06.2005. The Insurer appointed A.S. Engineers, Mumbai as the preliminary surveyor, who inspected the building on 29.06.2005 and submitted his Preliminary Survey Report dated 01.07.2005, affirming incident of inserting flood water in the building and damage to Stock of raw materials, semi-finished, finished goods, packing materials. 

(d)     On 05.07.2005 around 15:50 hours, Building-3 collapsed. The Insured again informed the Insurer about this incident. The Insurer instructed A.S. Engineers, Mumbai to cover this incident also. The surveyor inspected the building on 06.07.2005 and submitted his Preliminary Survey Report dated 08.07.2005, in which he affirmed incident of collapsing building due to earlier flooding. 

(e)     The Insurer appointed Navin Jain, Surveyor & Loss Assessor, Mumbai as the