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‘Directs for registration of criminal case for fabricating public record
Consumer Commission dismisses two petitions
10/4/2008 11:16:15 PM
EARLY TIMES REPORT
JAMMU, Oct 4: Dismissing a petition seeking indemnification of full loss of Rs. seven lakhs with interest and litigation charges, the State Consumer Disputes Redressal Commission headed by Justice (Retd) G D Sharma has ordered registration of a criminal case in the Crime Branch for commission of offences of fabrication of public record, cheating and forgery.

The Commission has directed for compliance of the orders by identification of the criminals and bringing them to book within a reasonable time, besides administration action against the erring officials.
According to the case one Bashir Ahmed, a licensed agent of the New India Assurance Company, had lured Misra Begum, daughter of Ali Mohammed Tantray of Sopore to get a pecuniary benefit of a fabricated insurance policy in respect of her house which was not covered under the insurance policy and had gutted in a fire on November 12, 1997. Accordingly a fabricated insurance policy was handed over to her covering the loss in the sum of Rs seven lakhs which in fact was issued in favour of Mohammed Ibrahim son of Subli of Magam.
To gain pecuniary benefits the accused Misra Begum entered into a conspiracy with the above named insurance agent and some other officials of the insurance company. After verifying the records it was established that the insurance policy and the receipt of the premium deposited were fake and fabricated.
Taking serious note of the functioning of the agent, the Commission observed that this forgery and fraud in question could not be committed without the active connivance of some unscrupulous elements working in the office of the OP. The Commission directed that higher authorities in the hierarchy of the OP shall take suitable administrative action against the delinquent official,(s) and directed the IG Crime Branch to get the case registered on the basis of this order and after completion of investigation, a copy of the final report, be submitted to the Commission.
While dismissing the complaint filed by one Abdul Aziz Mir son of Ghulam Qadir Mir of Lasjan raising a false and frivolous claim in order to enrich himself from the public funds, of which the OPs are the trustees, the Commission in its another judgment observed that in the consumer fora the claims are decided on the basis of preponderance of evidence and the sole aim and object is to do substantial justice by observing the principles of natural justice. In the instant case ‘we find preponderance of evidence in favour of the contentions raised by the Ops that the complainant has raised a false and frivolous claim’ which has been dismissed with directions to the complainant to pay Rs. 10,000 as cost to the Ops within one month from today
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