BEFORE THE HON’BLE STATE CONSUMER DISPUES REDRESSAL

COMMISSION, DELHI

COMPLAINT NO OF 2023

IN THE MATTER OF:

M/S KHUSHAL SINGH ADHIKARI

Through its sole proprietor
Mr. Khushal Singh Adhikari
HATHRANGIA, LOHAGATH,
CHAMPAWAT, UTTARAKHAND,
HARIDWAR – 249401. ……. COMPLAINANT

VERSUS

THE ORIENTAL INSURANCE COMPANY LIMITED

THROUGH ITS MANAGING DIRECTOR
CORPORATE BUSINESS REGIONAL OFFICE
NBCC CENTER, 3RD FLOOR, POCKET – A
OKHLA PHASE – 1, NEW DELHI – 110020
TEL: 011-43172316/17/18/19
WEBSITE: WWW.ORIENTALINSURANCE.ORG.IN
CIN: U66010DL1947GO1007158

COMPLAINT U/S 47 AND 49(2) OF THE CONSUMER PROTECTION

ACT 2009 AS AMENDED UPTO DATE
To,
The Hon’ble President,
And his Companion Members of the Delhi State Consumer Disputes
Redressal Commission
At Delhi

MOST RESPECTFULLY SHOWETH:

1. That the complainant is law abiding Citizen of India and is Proprietor of

M/s Khushal Singh Adhikari having its office at Hathrangia, Lohaghat,
Champawat, Uttrakhand, Haidwar -249401.

2. That the opposite party is Insurance company and is engaged in the

insurance business and issuing life and non-life insurance policies to its
customer after receiving Premium and is operating from its office at the
abovementioned address.

3. That brief facts giving rise to the instant complaint are as under

(i) That the Complainant Company is engaged in the business of

construction of roads, bridges etc. in various districts of
Uttarakhand and other parts of the country.
(ii) That as per the terms and conditions of the tender document the
complainant had to obtain SFSP – Standard Fire and Special Perils
Policy which provides coverage to plant & machinery, building,
stock and other assets of the business even otherwise also it is an
ideal policy for corporates and SMEs who require coverage for
their business against unforeseen and uncontrollable factors that
can have financial repercussions.
(iii) That on 03.03.2016 the complainant was awarded a Contract by
office of Superintending Engineer under the Pradhan Mantri Gram
Sadak Yojna (PMGSY) Circle, PWD Darchula Pithoragrarh for
the Sosa to Sirkha Motor Road Stage I Dist – Champawat,
Uttrakhand.

(iv) That as per the terms of the contract with their Principals,
Complainant obtained a Contractor’s All Risk Policy, and on
completion of the construction period, also obtained a Fire &
Special Perils Policy No. 510000/11/20202/200 for the period
08/05/2019 to 07/05/2020, the balance period of the contract for
which Complainant was bound to maintain the road.

(v) That on 12/08/2019 a landslide took place which was a result of

construction of Road in hilly area which has loosened the soil due
to the use of heavy machinery which otherwise is necessary for
the construction of road. The construction of Road in hilly area
requires the cutting and digging of land which results sometimes
in landslides damaging the roads. Construction of Roads in such
terrain is necessary and is in the interest of Nation and public for
transportation. It is submitted that this Landslide caused extensive
damage to the aforesaid road and as per the terms of contract the
same had to be repaired by Complainant at his own cost. As per
the contract and no material nor manpower was supplied to him
for the repairing job by the Government Employer A certificate to
this effect has been issued by the Government (i.e., Principals)
which was already submitted to the opposite party.
(vi) That on 12.01.2022 the complainant duly intimated the opposite
party about the loss suffered by him and raised claim no
51000/11/2020/00000046 with the opposite party and the proof of
same is annexed herein as “Annexure A1”.

(vii) That in pursuance of the Claim the opposite party appointed and
deputed M/s Puri Crawford Surveyors & Loss Assessors for
survey and assessment of the loss and the assessment is annexed
herein as “Annexure A2”.

(viii) That vide letter dated 19.01.2022 the opposite party repudiated the
Claim of the Complainant mainly on the ground that Complainant
did not possess insurable interest in the subject matter of
insurance, other than his liability for loss caused due to his
negligence in the performance of the contract. It is submitted that
the ground of repudiation by the opposite party is incorrect, false,
and mischievous. The complainant indeed has insurable interest in
the subject matter because he has suffered the loss while
performance/maintenance of the work and the same was covered
in the policy and the proof of Repudiation is annexed herein as
“Annexure A3”.
(ix) That aggrieved with the complainant had issued notice dated
14.03.2023 to the opposite party to pay Rs.11,360,889/- as claim
and Rs.1,00,000/- for mental harassment and the proof of the
Legal Notice sent to the opposite party is annexed herein as
“Annexure A4”.
(x) That the opposite party inspite of receipt of the legal notice dated
14.03.2023 neither replied nor complied with the notice, which
 manifests that the opposite party did not want to pay/settle the
claim of the complainant. Hence this complaint.

4. That the act of the opposite party in repudiating the claim on filmy
grounds and in violation of policy terms and conditions, is clear cut case
of Deficiency in service and unfair trade practice which give rise the
cause of action against the opposite party.

5. That the opposite party in the circumstances is liable to pay Rs

11,360,889/-along with interest @15% P.A to the complainant.

6. That the cause of action for filing the complaint arose on 12.01.2022.

7. That the complainant has no other efficacious remedy except to file the
present complaint.

8. That the Hon’ble Commission has jurisdiction to decide the present

dispute as
(a) the cause of action lastly arose on 14.03.2023 and complaint is filed
on i.e., within the limitation period of 2 years.
(b) The opposite party works for gain at Delhi and letter of repudiation
has also been issued from Delhi and cause of action also arose at Delhi
within the jurisdiction of this Hon’ble commission.
(c) The value of relief claimed is Rs which is within the pecuniary
jurisdiction of this Hon’ble Commission.

8. That the complainant has paid the requisite court fees.

PRAYER
It is most respectfully prayed that this Hon’ble Commission may
graciously be please to grant following reliefs in favour of the
complainant: -
1. To, quash Repudiation letter dated 19.01.2022 issued by the Opposite
Party and allow the complaint of the complainant and.

2. To direct opposite party to pay the complainant Rs. 11,360,889/- along

with interest @15% P.A on account of damages suffered by it which is
covered by the insurance policy no 510000/11/2020/00000046 valid
from 24/05/2019 to 07/05/2022. And,

3. To direct opposite party to pay Rs. 5, 00,000/- to complainant as

compensation for mental harassment.

4. To direct opposite party to pay Rs. 2, 00,000 as Litigation Expenses to

the Complainant and
5. To Pass any other order(s) which this Hon’ble Commission may deem
fit and proper in the facts and circumstances of the case and in the
interest of justice.

DATE COMPLAINANT
PLACE THROUGH
COUNSEL

Verification
I, Kushal Adhikari, Son of Sh _______________ having office
at :Hathrangiya, Lohaghat, Champawat, Uttrakhand do hereby affirm and
state that the content of para _______to _______of the Complaint above
are true and correct to the best of knowledge and para ________to
________ are believed to be true on the basis of information received and
no part of it is false and nothing material has been concealed therein.
Verified at Delhi on this ___day of August 2023

Date:- Deponent