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| Consumer court asks Housing Board to give plot to a doc | | Directs compensation in favour fire victim | | Early Times Reporter
Jammu | Dec 27
J&K State Consumer Dispute Redressal Commission, Jammu, Justice G.D Sharma as President and Mr. Khalid Hussain, Member decided a complaint which was pending disposal since 2006 and filed by Dr. Jia Lal Sharma S/o Dhani Ram of House No 318, New Basti, Jammu Cantt against the Managing Director, J&K Housing Board andhi Nagar Gren Belt, Jammu.
The complainant is a Veterinary Doctor by profession and in the year 2000 had applied before the Managing Director J&K Housing Board Gandhi Nagar Green Belt Jammu, which is a wing of state of Jammu and Kashmir for the allotment of a housing plot as per terms and conditions of the notification flouted by the said department. His name figured in the “lucky draw scheme” and vide their office communication No.HB-CR-4707-08 dated 7.2.2000 the doctor was informed by the Housing Board that Plot No.187 measuring 30X60 ft in Housing Colony Pragati Vihar Channi Rama Jammu was allotted in his favour. By February 10, 2004 the said doctor has made the full payment of the price of the plot by installments to the tune of Rs. 2.40 lakh as was prescribed under the rules and thereafter it was incumbent upon the Housing Board to give him the vacant possession of the said plot but because of official lethargy and vested interest he was denied the possession despite his repeated requests and many visits in the office of the Housing Board. When he got disappointed, he filed the complaint on February 23, 2006 which has been disposed by the Commission by accepting his complaint and giving direction to the Housing Board to give him the vacant possession of that plot within two months falling which they have to pay compensation alongwith a damages of Rs.50,000 for the past physical, mental and emotional sufferings coupled with a future compensation at the rate of Rs. 10,000 per marla till the vacant possession of the plot is handed over to him. The litigation charges in the sum of Rs.4000 has also been awarded. The Commission highly criticized the conduct of dealing officials.
In another case, the Commission decided an appeal filed on March 01, 2007 by the appellant Shafa Medical Agencies Idgah Road, Batote, through Prop. Parvez Sajad S/o Noor Mohd of Batote District Doda against the respondent, namely, Oriental Insurance Co. Ltd through Branch Manager Branch Office Udhampur. The appeal was filed by the appellant challenging the order of the Divisional Consumer Forum Jammu dated February 23, 2006, whereby a total liability of Rs.65487 was fixed against the respondent to indemnify the appellants alongwith 6 percent interest w.e.f July 01, 2004 besides allowing litigation charges in the sum of Rs. 2000.
Facts of the case are that appellant owned a chemist shop in the town of Batote District Doda which was insured with the respondent for an amount of Rs. 4.50 lakh for all kinds of medicines and in addition to that the furniturel and fixtures of the shop were also insured for a sum of Rs.50,000. It was Fire “A” Policy and was valid upto 1.2.1999. The appellant had taken loan of Rs. 1.50 lakh in the unemployment self employment scheme from State Bank of India Branch Batote. It was alleged that on 30. 3.1998 at 11.30 Pm a fire broke out inside the shop which engulfed the stocks of medicines, furniture and fixtures. Insured claim was immediately raised with the respondent and preliminary survey was got conducted by the insurance company through investigator M. K Gupta and Co. who submitted the report before the respondent on 5.11.1998. the appellant waited for the settlement of the claim and ultimately when nothing was done he filed the complaint before the Divisional Forum below. The Forum vide its order dated 1.6.2001 had awarded Rs. 36000/- only, but on appeal this order was set aside by the Commission and the case was remanded back to the Forum for reopening the same and to appoint a fresh surveyor. Consequently, Mr. Kuldeep Sharma of Sharma Surveyors was appointed as a surveyor, who assessed the los to the tune of Rs. 63487.17 from which again deduction of Rs. 25% was made to take care of assumptions in absence of books of accounts.
Taking stock of all the facts and the attending circumstances of the case as well as after considering its legal aspects, the Commission while allowing the appeal with costs of Rs. 5000/-, has awarded a compensation of Rs. 3,67,500/- in favour of the appellant alongwith interest at the rate of 6% per annum from the date of loss i.e 31.3.1998 till the final payment is made. |
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