Heard Learned Counsel for the appellant. None appears for respondent.

2. This appeal has been filed U/S-15 of Consumer protection Act 1986 (Hear in after called the Act) against impugned order passed by Learned District C.D.R, Commission, Bargarh. The parties are referred in complaint case may be read as same in this appeal for convenience.

3.  The case of the complainant in nut-shell is that the complainant has got rice mill firm and he has purchased insurance policy for the rice mill. The policy covers premises  including the boundary wall and stock with machinery and  the loss due to Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation covers period from Dt.17-03-2009 to Dt.16-03-2010 for sum assured Rs.1,05,00,000/- . It is alleged that   on dt.14-07-2009 in the rainy season, due to flood like situation the boundary wall of the complainant i.e. the insured firm collapsed and there is heavy loss to the tune of Rs.3,00,000/-.The complainant reported the matter to the O.P to depute surveyor but O.P repudiated the claim stating that the policy does not cover loss due to the nature of claim. Hence, the complaint case is filed.                                   

4.   O.P filed written version stating that they have deputed surveyor to assess computation of loss but policy does not contain nature of the claim. As such they repudiated the claim as “No Claim’.

5.     After hearing both parties Learned District Forum passed the following order:

                    xxx              xxx              xxx

                “Hence, the O.P is directed to pay Rs.93,280/-only to the Complainant, towards the loss assessed by the surveyor along with  interest @ 9% per annum from the data of repudiation i.e. Dt.25/07/2009 till the date of order i.e. Dt.19-02-2013 and compensation of Rs.10,000/- only towards harassment, mental agony and litigation expenses within thirty days from the date of this order, failing which the   total awarded amount shall carry @ 18% interest till the realization of amount.”                               

6.   Learned counsel for the appellant submitted that the Learned District Forum committed error in law by not considering terms of policy properly. According to him the policy only covers nature of the claim but the   loss sustained in the case of insurer is due to heavy rain fall which is not covered within the terms of policy. The Learned District Forum passed impugned order on misinterpretation of fact and law and finally reached wrong conclusion. He submitted to set aside the order by allowing the appeal.

7.    We have gone through policy condition. Nature of the claim is described as follows:-

     “Strom, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation: Loss destruction or damage directly caused by storm, Cyclone, typhoon, tempest, hurricane, flood and inundation excluding those resulting from earthquake, volcanic eruption or other convulsions of nature.”

8.  It is important to consider the case properly. When there is heavy rain fall, there must be flood water which caused damage to boundary wall. Therefore, in our opinion the Learned District Forum rightly has analyzed their conclusion. Since the policy covers nature of claim as alleged we have no hesitation to confirm the impugned order. Not only this but also computation loss by the surveyor has been also accepted by the Learned District Forum. We also agreed to it.

9.   In view of aforesaid decision we confirmed the impugned order and appeal being devoid of merit stands dismissed. No cost.

Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

      DFR be sent back forthwith.