NATIONAL INSURANCE CO. Vs. GH. NABI SHALLA

JUDGEMENT

(1.) Grievance projected against the order passed on 29.1.2000 by Divisional Consumer Protection Forum, Srinagar and also against the order dated 31.5.2000 passed by J&K State Consumer Protection Commission, is that the loss suffered by the Respondent No. 1 was not covered by the policy of insurance and in alternative the depreciation as was recommended by the surveyor should have been accepted.

(2.) The factual matrix is-required to be precisely noticed as shall be unavoidable for proper adjudication of the controversy.

(3.) The residential house of the Respondent No. 1 (complainant) situated at Bemina Srinagar was insured with the Petitioner as is substantiated by the insurance policy bearing No. 421001/3601279/96-97 which was effective for a period of 12 months commencing from 11.12.1996 to 10.12.1997. Within the said period during the intervening night of 8/9th February, 1997, un-identified gunmen entered into the said house of the complainant. All the members of family of the complainant were confined in one room and threatened to death in case any alarm is raised. In the process household goods including cupboards were ransacked and valuables including domestic items were robbed off. In this connection case was registered as crime No. 39 of 1997 P/S Parimpora for commission of offences punishable under Sections 357, 385, 166 & 342 RPC.