- (1.) Appellant/Complainant being aggrieved by order dated 2.12.2014 passed by H.P. State Consumer Disputes Redressal Commission, Shimla (for short, 'State Commission') vide which his complaint was dismissed with cost of Rs.10,000/-, has filed present appeal.
(2.) Appellant's case is, that he constructed house at site, bearing Khasra Nos. 805, 875 & 896 in Mauza Majeth, Tehsil & District Shimla, after getting plan approved from the Municipal Corporation, Shimla. Entire structure was four-and-a-half storeyed, out of which he owned two storeys plus attic. It was occupied by him for his residence.
(3.) It is alleged, that on 14.08.2012, appellant was contacted telephonically by an official of Respondent/Opposite Parties, for insurance of his aforesaid house. On 19.08.2012, appellant was again contacted by the respondents telephonically and was told that a local Surveyor had inspected his house and respondents were ready to insure the same. Upon that, appellant paid a premium of Rs.5,593/- online and his house was insured, vide policy effective from 21.08.2012 (15.55 hours). On 22nd August, 2012, at 7.30 am, due to landslide and heavy rain, the insured house was completely damaged. Intimation of the damage was given to the respondents. A Surveyor was deputed. Appellant was required to submit certain papers, which he submitted promptly. However, respondents repudiated the claim, vide letter dated 01.01.2013, on the ground that "claim fell outside the ambit of the policy, being prior to policy inception date". Appellant approached the Grievance Cell of the respondents, but the said Cell rejected his representation /complaint, vide communication dated 07.06.2013 on the ground that the building had already been damaged, when the insurance was sought. Appellant then approached Insurance Ombudsman, Chandigarh, by making a complaint. The Ombudsman also dismissed his complaint, vide order dated 05.03.2014. It is alleged by the appellant that his house was intact on the date of insurance. The damage took place on 22.08.2012, at 7.30 am and a report with the police as also Patwari was lodged after damage had taken place. Since, the house was insured for the sum of 40.00 lacs and that it having completely and totally damaged, therefore, he is entitled to the entire amount, for which it was insured.;