AVTAR KRISHAN PANDITA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) ON 31.5.2002, Mr. Jia Lal Pandita (now dead) filed this complaint under the provisions of Jammu and Kashmir Consumer Protection Act,1987, (hereinafter to be referred to as the Act), inter alia, making averments that his insured residential house situated in village Khalhar Sagam,Tehsil Kokarnag was set on fire by some miscreants after his migration to Jammu, which was caused by militancy related violent acts on the minority community of the complainants. Initially the insurance policy was obtained on 5.4.1995 bearing No. 23422/11/96/00029 and was effective from 5.4.1995 to 4.4.1996.The covered risk under the said policy was to the tune of Rs. five lacs. He had abandoned his residence for good in the year 1990. It was fire Policy "B" inclusive of terrorist act. That OP had appointed Mr. Javed Hussain Surveyor who had submitted his assessment report but the claim was not settled. The OP despite the service of notice failed to file the written version within the prescribed time limit and their right was waived off by rejecting the application for condoning the delay. The complainant could not appear as his own witness because of old age infirmity and filed the affidavit of his son namely, Raj Nath Pandita. He had already been appointed as attorney by the complainant. The OP challenged the order passed by the Commission in the proceedings in Hon ble High Court of Jammu & Kashmir by invoking the writ jurisdiction. The High Court issued direction in the name of the Commission to receive the written version from the OP on the payment of costs.

(2.) IN the written version the OP showed its ignorance regarding the receipt of information regarding lodging the claim of the alleged loss as well as regarding the appointment of the Surveyor namely, Mr. Javed Hussain to assess the loss. That in FIR No. 9/99 of Police Station Dooru, the name of the complainant herein had not figured and in that FIR it was recorded that the complainant had migrated from his native place in the year 1992, while as contradictory factual plea is taken by the complainant in para 2 of his complaint to the effect that in 1990 he left his abode and was continuously living in Jammu as a migrant. The OP got the information about the alleged loss for the first time on 7.8.2000 and immediately thereafter on 10.8.2001,the claim was repudiated on the basis of being false and fictitious.

(3.) DURING the pendency of the proceedings the complainant died on 29.12.2005 and his sons namely, Avtar Krishan Pandita, Raj Nath Pandita and Bushan Lal Pandita were substituted as legal heirs.