ORIENTAL INSURANCE COMPANY Vs. BASHIR AHMED HAJI

JUDGEMENT

(1.) This Appeal has been preferred under Section 17 of the Consumer Protection Act, 1987 against the judgment and order dated 16-3-1999 passed by the State Consumer Protection Commission, Jammu in Complaint No. 1786/98 whereby claim of Rupees two lacs has been awarded to the complainant.

(2.) The appeal has been preferred on the ground that the claim is bogus as per report of the Surveyor and the claimant has not been able to make out the claim as projected in the complaint and despite that Consumer Protection Commission (hereinafter called Commission) has awarded an amount of Rupees two lakhs which is unjustified.

(3.) The complainant/respondent insured a three storied residential house for Rupees 8 lakhs and household goods as per list attached for Rupees 4.20 lakhs. The Insurance Policy was issued and valid for the period 27-4-1995 to 26-4-1996. Theft took place allegedly in the house and all belongings were burgled. Report was registered with police station Rampora, Srinagar and FIR No. 49/95 under Sections 457/380, RPC was registered. He lodged the claim with the Insurance Company-appellant. The appellant-company appointed Surveyor Mr. T.U. Siddiqui in the year, 1995. He submitted his report that the claim is bogus. Another Surveyor Mohd Indrabi was appointed. He also submitted his report that the complainant has not co-operated and recommended the claim to be closed within 15 days notice to the insured for pursuance of his claim failing which claim shall be liable to be repudiated.