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| Insurance of migrant’s property | | Commission directs for deciding afresh | | Early Times Report
Jammu, Sept 24: In an appeal filed by Maharaj Krishan Raina against the order of the Divisional Consumer Forum, the J&K State Consumer Commission today set aside the order and directed the Forum to give the petitioner an opportunity to lead evidence and decide the case afresh on merits.
The Commission headed by Justice (Retd) GD Sharma and BL Saraf (Retd) Sessions Judge, while deciding the appeal, observed that Forum has not given opportunity of leading evidence in support of the allegations made in the complaint by the complainant and in a heart-haste and ex-parte manner his right to lead evidence was closed and he was fined u/s 21 of Consumer Protection Act to pay Rs 5000 to the insurance company.
The Commission after appraisal of the evidence has set-aside the order and directed the Forum to give opportunity to lead evidence and decide the case afresh on merits.
According to the appellant the Insurance Company had not settled his claim for burning of his residential house by militants in the incident which took place in the year 1996 for which an FIR was also registered in Police station Kulgam. The allegation of the appellant is that one surveyor was appointed but the insurance company did not produce any record before the Forum to that effect and totally denied the incident with the maintaining that it was false frivolous case. JNF
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