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| State Commission admits KP migrant’s appeal; censors surveyor | | ‘Orders United Insurance Co. to pay Rs. 5 lakhs with interest’ | | Early Times Reporter
Jammu | Apr 1
Admitting the complaint of a Kashmiri Pandit migrant, the Jammu and Kashmir State Consumer Disputes Redressal Commission has censured the surveyor appointed by the United Insurance Company Branch Anantnag for adopting a partisan and unfair attitude while assessing the loss.
Disposing off the complaint, the Commission, headed by Justice (Retd) G D Sharma, observed that the ‘insurer of a claim is always expected to settle the genuine claim of a bona fide consumer and should avoid to act on a tainted report prepared by unscrupulous surveyors, who always try to become more loyal than the king.
The Commission further observed that the OP should have been guided also by the fact that when the insurance policy in question was issued it was in respect of a ‘A class’ residential building and the risk covered was up to Rs. 5 lakhs. It was a total loss caused by fire and the net loss assessed by the surveyor at Rs. 69, 342 was mischievous game plan prepared without any foundations and conducted himself in a casual and irresponsible manner. ‘Non- production of ‘discharge voucher’ per se constituted deficiency in service’, the Commission further observed.
One Shiv Ji Koul s/o late Laxman Koul of Village Chowgam Qazigund, prior to migration from the Valley, had insured his ‘A- class’ residential house with the Oriental Insurance Company Anantnag Branch covering a risk of Rs. five lakhs.
After the house was torched by some anti-national elements on March 17, 2003, the applicant preferred a claim with the company and accordingly a surveyor was appointed to assess the loss suffered in the fire.
The surveyor Syed Irfan Alam, by adopting partisan and unfair attitude assessed the loss to the tune of Rs. 69,342 only, when it was a total loss. Dissatisfied with the award, the petitioner filed a complaint which was disposed off by the Commission today.
The Commission, after making a thorough appraisal of the evidence of the parties and the legal position, took serious note of the functioning of the surveyor and also disapproved the approach adopted by the senior functionaries of the insurer company in not giving full amount of risk.
The Commission, after accepting the petition, ordered the Insurance Company to make payment of Rs 5 lakhs along with interest @ 8 per cent per annum from the date the complaint was presented in the Commission i. e August 22, 2003 till the final payment is made, besides the litigation charges amounting to Rs. 6,000.
Appreciating the role of Branch Manager, M K Raina, who appeared as a witness on behalf of the OPs, the Commission found him as a man of clear conscience with pure heart, as he in a fair and straight forward manner had admitted the complaint’s case and sent for approval for reimbursement with ‘Discharge Voucher’ to the competent authority. Since no approval was received, the Branch Manager could not make the payment. The Commission further held that the Branch Manager had also belied the lies told by the Surveyor, who conducted himself as a morally deprived agent of the OPs to scuttle the genuine claim of a bonafide consumer. |
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