NATIONAL INSURANCE CO Vs. SUSHILA DEVI MANTOO

JUDGEMENT

(1.) Petitioner by means of this petition seeks to quash order dated 7-9-2001 and 17-7-2001 passed by the Divisional Consumer Forum, Srinagar and the State Consumers Protection Commission, Srinagar respectively.

(2.) The brief facts of the case are that the respondent No. 1/complainant (hereinafter "the complainant") before the Divisional Consumer Forum, along with other brothers owned and possessed a single storey residential house at village Deegam Magabal, Shopian. It was insured by her with the appellant vide Insurance Policy No. 421002/ 3102740 for a period of one year that is from 19-8-1996 to 18-8-1997. During the currency of the insurance cover the insured property was set at fire by some unidentified persons and sustained total loss. The complainant informed the appellant on 26- 7-1997 and report was also lodged in the Police Station, Shopian which came to be registered as FIR No. 263/1997 under Section 436, RPC. The appellant avoided to make the payment and after some time a cheque of Rs. 26,015/- was offered to the complainant which she refused to receive.

(3.) The complaint was filed for deficiency of service before the Divisional Consumer Forum. The stand taken by the appellant before the Divisional Consumer Forum is that an amount of Rs. 26,015/- was offered to the complainant as compensation and she was asked to execute the discharge voucher which she has not executed and instead of that she has presented the complaint. It is also stated that the amount offered to the complainant was to the extent of her share of the loss caused to the building as the complainant was having 5th share in the insured property. The surveyor was deputed and he submitted the report on 23-6-1998 assessing the loss of Rs. ,1,30,095.00. The complainant has obtained insurance policy in her name. She has also got power of attorney on behalf of the other share-holders of the building, executed on 30-4-1998.