Consumer panel orders insurance firm to pay Rs 30 lakh claim for building slab collapse

The Additional District Consumer Disputes Redressal Commission in Maharashtra’s Thane ordered an insurance company to pay Rs 30 lakh claim amount to a complainant for damages to his flat due to slab collapse. The commission ordered SBI General Insurance Company Ltd to pay the claim amount within 45 days of the order, failing which 9 percent per annum will have to be paid till the realization.

The order was passed on January 20, and the copy was made available on Friday.

The commission also ordered payment of Rs 50,000 towards the esteemed loss and costs of litigation to the complainant Deepak Golikar, a resident of Koparkhairne in Navi Mumbai.

The petitioner informed the commission that he had purchased a flat in Koparkhairane and availed a loan of Rs 45.68 lakh from the SBI in August 2019. At the time, the insurer had approached him with a housing policy, for a sum of Rs 30 lakh for a period from August 2019 to August 2029.

The insurer explained to the complainant that if the flat gets damaged or destroyed in fire, earthquake or enemy attack then the policy will cover only all risks.

It was on December 1, 2020, a slab collapsed in the building where the complainant lived and damaged his flat. He had to take up a rental accommodation elsewhere, the petition stated.

Following the accident, the complainant filed for the claim, which was rejected by the insurance company on certain grounds.

The commission observed that the surveyor report had stated that the slab collapse had taken place due to use of inferior quality building material.

Whenever insurance is taken on any property, the bank and insurance company carefully verify all documents to ascertain life of the structure, it noted.

Considering the entire evidence, there was no sufficient ground to repudiate the insurance claim, it said and ordered the insurer to pay the claim.