KRISHAN LAL BHAT Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Matrix of this case is that complainant owned a two storeyed pacca building tin roofed at Vater Khani, Kupwara Kashmir. He insured the building with the O. P. under Policy No.11/98401 from 2.4.1998 to 1.4.1999 for an amount of Rs.5.00 lacs. On 15.6.1998 complainant came to know that his above building residential house was tortured and there was total loss. He received copy of FIR No.141 of 1998 under Sec.436/rpc on 25.6.1998. On the same day he intimated the O. P. about the loss and raised the claim. His contention is that he raised the claim and asked for compensation through the correspondence which was sent through Courier to the O. P. The O. P. kept mum. According to him O. P. neither accepted the claim nor rejected it. Complainant waited for the action of the O. P. but they on 4th July, 2002 wrote a letter to the complainant informing him that no such claim was raised with the O. P. and complainant was asked to take up the matter with Delhi Branch with whom the property was insured. This letter is written by Divisional Manager, Srinagar of Oriental Insurance Company. Complainant alleges that this letter has given cause of action to him and he filed this complaint before this Commission.

(2.) O. P. was noticed. They resisted the complaint mainly on two grounds. They accepted the insurance policy but contended that the property insured was not situated in Vater Khani Kupwara as alleged by the complainant but complainant through this policy has insured his Delhi property situated at Yamuna Vihar, Delhi. Secondly, the whole correspondence of complainant was denied to have been received by the O. P. Their contention is that the complaint is belated by 4 years and is not entertainable in the eyes of law.

(3.) Parties led their evidence. Complainant has examined himself and the O. P. has examined Shri Zutshi, Asstt. Divisional Manager, Oriental Insurance Company, Town Hall Branch, Jammu.