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Civil · Reportable judgment

Gopal Dikshit vs United India Insurance Company Ltd.

Court
Supreme Court of India
Date
19 May 2025
Case No.
Civil Appeal No. 6623 of 2025
Bench
B.V. Nagarathna, Satish Chandra Sharma
Citation
[2025] 7 S.C.R. 14 : 2025 INSC 731
Acts & Sections
Consumer Protection Act, 1986
Supreme Court Reports [2025] 7 S.C.R. 14 : 2025 INSC 731
Issue for consideration
Matter pertains to the correctness of the order passed by the National Commission dismissing complaint filed by appellant; and whether the cause of loss to the premises is due to the seepage water or the heavy rains in Delhi.
Headnote

Consumer Protection Act, 1986 – s.23 – House holder insurance policy – Second survey report – Reliability – Premises of the appellant insured with respondent-insurance company – Due to heavy downpour in Delhi, his premises severely flooded, resulted in extensive damage to the basement and the belongings lying there – First survey carried out, which stated that cause of loss was heavy rain – However, the second survey carried out since the report of first survey was not satisfactory – Appellant also sought opinion of two structural engineers – Respondent repudiated the claim of the appellant on the ground that damage to the building was caused by continuous seepage of water from the basement, which was not listed as a named peril under the insurance policy, thus, the resulting loss or damage not indemnifiable – National Commission dismissed the appellant’s complaint – Correctness:

Read the full headnote (1 more paragraph)

Held: In view of the concurrent findings in the certificates and first survey report, the damage to the insured premises was not caused by any inherent structural defect or seepage, but was instead a direct consequence of unprecedented and heavy rainfall experienced during the relevant period, which led to flooding of water into the basement – First survey, conducted promptly, had already comprehensively assessed the cause and extent of the damage – Nothing on record to suggest that first survey was deficient or incomplete in any manner – Despite conducting a survey before, respondent proceeded to commission a second survey without furnishing any reasonable, cogent, or valid grounds justifying the necessity for a reassessment – Second survey report deviated from the reasons of the first survey report and curiously recorded that the damage to the premises was caused by seepage, rather than by flooding due to heavy downpour – Second survey report failed to counter or address the detailed and comprehensive observations made in the first survey report nor did it offer any explanation or new material facts that would warrant a reversal of the initial conclusion – This abrupt departure from the earlier findings, without explanation or justification, raises serious concerns about the reliability and objectivity of the second survey – In the absence of any substantive grounds to question the findings of the first survey, belated reassessment conducted by respondent is deemed arbitrary and without due basis – No reason to accept the second survey report and it is set aside – Contrary findings of National Commission set aside – Matter remanded back to determine the appropriate quantum of compensation payable to the appellant. [Paras 29-31]

Keywords: Rejection of insurance claim · House holder insurance policy · Severe flood · Basement inundated with water · Survey report · Opinion of structural engineers · Seepage · Inherent structural defect · Direct consequence of unprecedented and heavy rainfall · Abrupt departure from findings of survey report · Arbitrary reassessment by insurance company · National Consumer Disputes Redressal Commission · Cause of loss to the premises due to seepage water or heavy rains in Delhi · Second survey report

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Satish Chandra Sharma, J. 1. The present appeal under Section 23 of the Consumer Protection Act, 1986 (hereinafter the “Act”) arises out of the impugned order dated 07.12.2022 passed by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi (hereinafter “NCDRC”) in Consumer Case No. 2287 of 2017 whereby NCDRC dismissed the complaint filed by the Appellant. FACTUAL MATRIX 2. The complainant who is the Appellant herein is the owner of the premises situated at 50, Ishwar Nagar, Mathura Road, New Delhi, 110065 (hereinafter “Premises”). The Premises had a basement, grou
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