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| 17 years fighting ‘injustice’, migrant wins | | | Early Times Reporter
Jammu | Mar 10
In a significant decision, the Jammu and Kashmir State Consumer Disputes Redressal Commission while disposing off a complaint after a gap of more than 17 years has directed the Insurance Company to reimburse the loss caused to the complainant of his stocks in trade valuing at Rs. 8 lakhs along with interest @ 8 per cent per annum from the date of loss i.e. January 28, 1991 till the final payment is made, besides bearing Rs.6000 as litigation charges.
This decision was given on a complaint made before the Commission by Poshkar Nath Pandita s/o Nand Lal Pandita, who before his forcible migration from Anantnag in 1990 had been running his cloth business in posh locality of Lal Chowk Anantnag. The complainant submitted that his shop was looted by the anti-national elements on January 28,1991 and he had lodged complaint before the DIG Jammu range on February 2,1991 after receiving the telephonic information about the alleged loss, copies whereof were sent to Secretary Home Department, Relief Commissioner, Secretary Sahiti Samiti, Jammu and SSP and SHO Anantnag .Besides, this, he had also informed the Branch Manager National Insurance Company, Jammu for the appointment of a loss assessor and surveyor but he was not heard by any of the above stated authorities. However, on the application of the complainant, the CJM Anantnag directed SHO Police station Anantnag to register a case.
The petitioner had filed a complaint herein in the Commission on July 25, 1995 wherein the Insurance Company had taken a categorical stand in its objections that no such loss had taken place mainly on the plea that he had failed to produce copy of the FIR and the final investigation report made by the Police. The Commission vide its order dated January 24, 1997 had dismissed the complaint mainly on the plea that the complainant had not made any serious attempt to ensure registration of FIR in the matter. It was also believed that police on its own would have registered the case as the incident had taken place. This order was challenged by the complainant Poshkar Nath in the High Court and the Division Bench vide its decision dated March 10, 2004 had remanded the case after setting aside the order of the Commission and directed the Commission to apprise the matter afresh on the basis of evidence and the application of relevant law.
The Commission headed by Justice (Retd) G D Sharma with Khalid Habib as its Member decided the case today after a gap of more than 17 years directing the Insurance Company to reimburse the loss suffered by the complainant along with the litigation charges. The complainant stands indemnified by a total amount of Rs.19 lakhs, the Commission said. |
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