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| DCF have decided the complaint after more than 10 years | | | Jammu, July, 29 :- Divisional Consumer Forum Jammu comprising its President Mr. SL Pandita and Mrs. Meenu Sharma its Member decided a complaint of complainant whose building was gutted in a fire on February 15, 1995 and directed New India Insurance Company limited to make payment of Rs 1, 70, 000, which was assessed by Surveyor and Loss Assessor. The Forum further ordered that above amount shall be paid along with interest @ 6%. The complainant is also held entitled to an amount of Rs 3000/- as litigation expenses as the litigation has been thrust upon him by the Insurance Company.
According to the complaint that complainant Ghulam Nabi Khan r/o Gutha Bhagwal Doda owned a double story residential building, which was insured with New India Insurance Company vide policy effective from December 12, 1994 to December 11, 1995. The sum of insured was Rs 3 laces. On February 15, 1995 the said building reported to have gutted in a fire. The complainant sent a telegram to Insurance Company intimating fire loss and requested for deputing surveyor.
The Insurance Company resisted the claim on the ground that the complainant is utterly misconceived and is an attempt on the part of complainant to mislead this forum. There is no deficiency of service in settling the claim, the complainant has tried to concoct and bull story to drag the insurance company in unhealthy allegation. The fact that building of complainant situated at Gutha Bhagwal Doda was insured for Rs laces is not disputed. The risk of fire policy covered under the policy in question. The description of the property was never mentioned in the insurance policy. As per the report of the surveyor residential double storey house where the complainant was residing never suffered any fire damage and the same was safe and intact; as such the complainant is not entitled to indemnification.
While allowing the complaint forum observed that complainant used the double storeyed building for residential purpose and for providing shelter to his cattle, cannot be taken advantage by the insurance company that it was cow-shed only, which has suffered damage of fire accident on February 15, 1995, and the cowshed being not insured and so the claim of complainant has been repudiated, is such the plea which cannot be accepted in the given facts and circumstances of the case. The repudiation of claim effected by the insurance company is arbitrary and illegal. The manner insurance company has behaved with the complainant speaks volumes about the attitude of the insurance company either to delay the settlement or to prolong the same repudiate the claim on flimsy grounds is a glaring of deficiency ion service resorted to by the insurance company, With these observation forum directed insurance company to pay Rs 1, 70,000/- to the complainant. JNF |
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