NCDRC backed state commission's verdict stating that insurance company was right in rejecting a claim of damage to buildings, which was caused due to non-maintenance and not by rain
The National Consumer Dispute Redressal Commission upholding state commission's order dismissed an appeal made to claim damage to building due to rain as it was found that the same was caused due to non-maintenance.
NCDRC backed state commission's verdict stating that insurance company was right in rejecting a claim of damage to buildings, which was caused due to non-maintenance and not by rain.
A Surat-based resident Dinesh Mehta had obtained a Standard Fire & Special Perils Policy from the National Insurance Company Ltd for the commercial building and the material in it. Mehta claimed for insurance after the said building was allegedly damaged due to heavy rains. He also hired an engineer-cum-valuer, who pegged the civil work and other costs of the building at Rs 29.25 lakh.
The insurance company rejected the claim after a surveyor appointed by them stated that the property had not been used in a long time and maintenance was very poor.
The company while rejecting the claim said that the damages occurred were a result of lack of waterproofing on the terrace, lack of maintenance and aging effect of the building.
Insurance company further said in its rebuttal that the damages must have started a long time back but remained unseen due to the premises not in use and not a result of the heavy rains.
The State Commission in 2018 had dismissed the complaint stating that it was difficult to decide whether the damage to the insured property was caused due to heavy rains or any other reason.
Commission had also noted that claim was not admissible if the building was unoccupied for a period of more than thirty days and the complainant himself had stated that the insured property was unoccupied for a long time.
The company on its part also argued that after the insured was unhappy with the rejection of the claim, it named an independent structural engineer who concurred with the company's view on the state of the building and cause of damage.
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