DHANI RAM Vs. THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is directed against the order passed by District Forum, Shimla, in Consumer Complaint" -No.149/2006 on 20.7.2009. By means of impugned order, complaint filed by the appellant has been dismissed. Hence this appeal.

(2.) ADMITTED facts giving rise to this appeal are, that house of the appellant situated at Village Seri (Khalawan), P.O. Pujarli No.3, Tehsil Rohru, District Shimla, was insured with the respondent alongwith household goods lying in it. Everything was insured for Rs.5,00,000/ -.

(3.) AFTER receipt of the report Annexure R.1 from the Surveyor, and Annexure R.3 consent letter from the attorney of the appellant, the matter was not settled as no amount was paid by the respondent. In this behalf, we may also point out that the agreed amount of Rs.2,75,630/ - was not offered to the appellant. Reason for not paying this amount as well as for repudiating his claim is that he was not having insurable interest in the property which as per policy terms and conditions and principles of fire insurance should be absolute and indisputable.