Appellant/complainant obtained Fire Insurance Policy from the respondent for a sum of Rs.60 Lakh covering the risk of fire, lightening, storm, typhoon, flood, inundation and subsistence and landslide including ricks-slide.  Due to heavy storm on 19.5.2003, a 33 KVA power line passing over the shed of the factory of the appellant, broke down and fell on the shed thereby damaging the shed; that due to high velocity of winds following whirl wind/typhoon, the iron sheets of the shed godown blew away resulting in the entire stock of BLUE (NEEL) lying in the factory getting damaged.  Claim lodged by the appellant was repudiated by the respondent insurance company.  Being aggrieved, appellant filed the complaint before the State Commission.

        State Commission dismissed the complaint on the ground that the appellant was not a ‘Consumer’ falling within Section 2(1)(d) of the Consumer Protection Act, as he had taken the policy for ‘commercial purpose’.

        Notice was issued to the respondent.  Mr.Rahul Sharma, Advocate has put in appearance on behalf of the respondent.

        Counsel for the appellant contends that the order passed by the State Commission is liable to be set aside as the same runs counter to law laid down by this Commission in “Harsolia Motors vs. National Insurance Co. Ltd. -  I (2005) CPJ 27 (NC)”.

        State Commission has not decided the complaint on merits.  Since the order of the State Commission runs counter to the law laid down by this Commission in Harsolia Motors case (supra), the appeal is allowed.  Impugned order of the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

        Parties through their counsel are directed to appear before the State Commission on 16.05.2013.