Date of Filing :10.01.2023
Date of Disposal :26.07.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:26.07.2024
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
(DIST. & SESSIONS JUDGE (R)
Mrs DIVYASHREE M: LADY MEMBER
APPEAL No.61/2023
Mrs Geetha Anavankot
Represented by her Father-in-law
And GPA holder
Mr. K.Mukundan
Residing at ‘Haimavanthi’
No.742, 1st Main ‘C’ Block
AECS Layout, Kundalahalli
Bangalore-560 037
(By GPA Mr. Mukundan) Appellant
-Versus-
The United India Insurance Co. Ltd.,
Divisional Office XI
No.487/1, 3rd Floor, CMH Road
Near Amarjoyothi Nursing Home
(Above India Overseas Bank)
Indiranagar 1st Stage
Bangalore-560 038 Respondent
(By Mr. Janardhan Reddy, Advocate)
-:ORDER:-
Mr. K B. SANGANNANAVAR: JUDICAL MEMBER:
1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by Complainant aggrieved by the Order dated 25.07.2022 passed in Consumer Complaint No.633/2020 on the file of II Additional District Consumer Disputes Redressal Commission, Bengaluru(for short, the District Commission).
2. The Parties to this Appeal will be referred to as the rank assigned to them by the District Commission
3. The Commission examined the impugned order, grounds of Appeal, Appeal papers and heard Appellant who in fact represented by her father in law, the insured Mr. Mukundan K. Now the point that arises for consideration of this Commission would be:
Whether impugned order dated 27.05.2022 passed in CC No.633/2020 does call any interference of this Commission for the grounds set out in the Appeal Memorandum?
4. Mr. Mukundan K, the Insured, submits that DCDRC committed grave error in dismissing the complainant. He submits damage caused to wardrobe by termites was not excluded, yet DCDRC has not considered. Let us examine the enquiry file and in particular the terms and conditions of the policy issued in the name of Mr. Mukundan K. Admittedly, policy is issued for the period from 27.10.2018 to 26.10.2019, wherein could see policy schedule. The insured-appellant herein claims compensation from OP to indemnify the loss caused to wardrobe by termites. It is therefore, we have to examine whether such damages are covered under the policy schedule under Section 1 Fire and Allied Perils (Content Details) ?:
Sl. No. | Contents | Specific Description | Sum Insured Rs |
1 | Any other Items | Contents Furniture utensils and other Misc. items as per List, Induction Stove Gilma Spectra Touch DX Book Rack Wooden Coat Steel Cub Board | 1,93,300.00 |
2 | Any other Items | Contents furniture’s utensils and other Misc. Items as per list Induction Stove Gilma Spectra Touch DX | 6,000.00 |
3 | Any other Items | Book Rack | 25,500.00 |
4 | Any other Items | Sony E Series VPCA 33EN Laptop LG Model 278 VES 2010, Washing Machine, Samsung Air turbo 6.5 KB Automatic 2010 Solar Water Heater, 200 LPD Anucute, Prestige Mixer Grinder 2010, Microven 2282004 V Guard Motor 1HP 2004 Suguna Compressor Pump 2HP GR 200M 2010 Vacuum Cleaner | 1,06,500 |
5 | Any other Items | Television Samsung LA 26C 350 LCD 2010 | 20,000.00 |
5. Thus, from the above particulars as found from the policy wardrobes could not be find. In other words, damages caused due to termites to wardrobe are to be said excluded under section-1 Fire and Allied Perils. As such, the District Commission, has to be held, rightly dismissed the complaint, the policy has not cover to indemnify loss caused due to termites or damage caused to wardrobe due to termites for which, complainant has not paid additional premium to cover such risks.
6. Appellant/Complainant the insured submits that under the head of ‘buildings’ costs are covered for an amount of Rs.1,25,00,000/- for which he has paid premium of Rs.2,925/- and submits that wardrobes are covered, even under the head ‘building,’ since stocks are covered. In our view such arguments could not be acceptable, for the sound reasons recorded by the District Commission while passing the impugned order.
In the above such conclusion, viewed from any angle, we are of the view; damages caused to the wardrobe by termites could not be said covered under the terms of the policy issued by OP/Insurer. Hence, we proceed to dismiss the Appeal with no order as to costs.
7. Send copy of this Order to the District Commission and the parties concerned.
Lady Member Judicial Member
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