ORIENTAL INSURANCE COMPANY LIMITED Vs. GHULAM NABI SHAH

JUDGEMENT

(1.) The Civil 1st Appeal, in hand, is directed against the order dated 14th July, 2009 of Jammu and Kashmir State Consumer Disputes Redressal Commission, in Complaint No. 18 of 2001 titled Ghulam Nab' Shah v. Oriental Insurance Company and others, whereby the Commission has directed Oriental Insurance Company Limited-appellant herein, to pay an amount of Rs. 3,55,739/- along with interest of 18% per annum from the date of loss till final payment along with litigation expenses of Rs. 10,000/-.

(2.) The appeal arises in the following factual background.

(3.) The respondent in the year 1994 insured his house situated at Nazuk Mohalla, Anantnag, and the house hold goods with the appellant Insurance Company vide Insurance Policy No. 11/5/00542, valid with effect from 12th July, 1994 to 11th July, 1995 for an amount of Rs. 4.50 lacs. The insured house and the household goods gutted down in a fire mishap during the intervening night of 12/13 December, 1994. The occurrence p.ompted Police Station Anantnag to register case-FIR No. 388 of 1994 under S. 435, R. P. C. The respondent, immediately after the occurrence, informed the appellant Insurance Company about the loss. On receipt of report, the Surveyor was deputed for spot inspection. The respondent took all necessary steps to enable the Insurance Company to settle his claim. The appellant Insurance Company however, avoided to settle the claim leaving no option for the respondent, but to approach Jammu and Kashmir State Consumer Disputes Redressal Commission (hereafter "Commission") Srinagar with a complaint alleging deficiency in service, on part of the appellant Insurance Company. The respondent laid down to an amount of Rs. 4.50 lacs on account of loss suffered along with interest at the rate of 18% per annum from the date of dire incident i.e. 13th December, 1994 till its payment.