Sandeep Mehta JUDGMENT
Sandeep Mehta, J.
1. This appeal Under Section 67 of the Consumer Protection Act, 2019 (hereinafter being referred to as 'Act of 2019') has been preferred by the Appellant herein for assailing final order dated 24th August, 2022 rendered by National Consumer Disputes Redressal Commission (hereinafter being referred to as 'National Commission'), rejecting the Consumer Case No. 754 of 2015 filed by M/s. Kozyflex Mattresses Private Limited(hereinafter being referred to as the 'insured-Appellant') praying for a direction to the SBI General Insurance Company(hereinafter being referred to as the 'insurer-Respondent') to indemnify it for the loss caused by fire in the insured premises being the manufacturing unit of the insured-Appellant company situated at Sy. No. -41-25, village Poosapatirega, Mandal and District Vizianagaram.
2. Brief facts essential for adjudication of the present civil appeal are noted hereinbelow.
3. The insured-Appellant herein being a Private Limited Company registered under the Companies Act, 1956 is engaged in the business of manufacture and sale of coir foam mattresses, pillows, cushions and other coir by-products. The manufacturing unit of the insured-Appellant is situated at Sy. No. -41-25, village Poosapatirega, Mandal and District Vizianagaram and was registered as a small scale industry with the District Industries Centre, Vizianagaram. The insured-Appellant obtained a 'Standard Fire and Special Perils Policy(Material Damage)' No. 0000000000807725 (in short 'Policy') for the period commencing from 28th March, 2013 to 27th March, 2014 for a sum of Rs. 1.25 crores on the plant and machinery and a sum of Rs. 30,00,000/-on stock from the insurer-Respondent. By an endorsement dated 29th March, 2013, the sum insured for stock was further enhanced to Rs. 1.55 crores and for building the sum insured was enhanced to Rs. 20,00,000/-.
4. It is claimed that a massive fire incident took place in the manufacturing unit of the insured-Appellant in the intervening night of 13th/14th April, 2013. Immediate action by way of informing the police and the fire service station was taken and fire tenders were sent to the spot. The insured-Appellant informed the insurer-Respondent about the fire accident and the losses suffered in the manufacturing unit in the fire incident on 15th April, 2013. The insurer-Respondent appointed Professional Surveyor & Loss Adjustor Pvt. Ltd., Secunderabad as the surveyor on 15th April, 2013. The surveyor inspected the factory premises on 16th April, 2013 and 17th April, 2013 and took photographs, videography and prepared inventory. The surveyor asked the insured-Appellant to remove the collapsed roof from the manufacturing unit premises in order to conduct inspection of the machinery and stock and for carrying out the measurement and quantification. The collapsed roof was not found removed till the subsequent inspection conducted by the surveyor on 15th and 16th May, 2013. The third inspection was conducted between 15th and 17th July, 2014 and it is stated that by that time, the machineries in the manufacturing unit had been repaired. The insured-Appellant submitted an insurance claim for a sum of Rs. 3.31 crores i.e. Rs. 40,11,152/-for building, Rs. 1,08........