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| Consumer court passes strictures against insurance company | | Directs for payment of Rs 10 lakhs with interest to complaints | | Early Times Reporter
Jammu | Feb 27
Censuring the surveyor as well as the concerned officers of the United India Insurance Company for their unfair conduct, partisan and tainted assessment report, the State Consumer Disputes Redressal Commission in a significant judgment has, ordered the Insurance Company to pay Rs.10 lakhs to the insured complainants from the date of loss along with interest on the whole amount @ 8 per cent till the final payment is made. Besides, the company has been ordered to make payment of costs in the sum of Rs.6000 to the complainants.
This significant judgment was given on a complaint filed by a Kashmir migrant family Moti Lal Bhat and Brij Nath Bhat sons of late Mahesher Nath Bhat, originally residents of Rajpora Pulwama, who had insured their house along with fixtures for Rs 10 lakhs with the company prior to migration. The said house was burnt down by anti-national elements during the intervening night of March 30-31, 2005. The complainants lodged a claim with the company who sanctioned a net amount of Rs.1, 36, 618. Not satisfied with the claim, the complainants lodged a complaint in the Consumer Commission which was decided today.
While delivering the judgment the Commission, headed by Justice (Retd) G D Sharma and Khalid Habib as Member, took serious notice of the partisan attitude of the surveyor in making the assessment arbitrarily without informing the complainant or recording the statement of even any villager. The Commission further observed that the under the circumstances the identification of the building in question remains shrouded in mystery. Equally, the OPs have also failed to inform the complainants about the appointment of
Surveyor and his impending visit on the spot for making assessment. The principle of Audi alteram partum, which mandates that no one shall be condemned unheard is part of the rules of natural justice.
From the facts of the case in hand, the Commission finds the principle of being heard has been observed in its breach rather than its observance. Consequent upon such declaration the assessment of loss made by the Ops automatically collapses and there remains no need for the Commission to quash it.
Censuring the surveyor for his tainted and sham report, the Commission said that it cannot be allowed to be used as a handle to thwart the genuine claims of the complainants. The preliminary objections raised in the written version that the Commission has no jurisdiction to entertain the complaint are found devoid of any legal force, the Commission observed and maintained that it has jurisdiction to try a complaint where the cause of action has arisen anywhere within the territory of Jammu and Kashmir State. |
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