A CHANDRAN Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The 2nd complainant is the appellant. The case of the complainant is that the complainant constructed a house in 1992 at the cost of Rs.2,00,000/-. He had insured the house with the opposite party for a period of 3 years for a sum of Rs.1,50,000/-. There was heavy rain accompanied by storm on 16.12.1996 resulting in a landslide. On account of the same, the building developed cracks and was damaged. The extent of damage is in a sum of Rs.1,49,130/-. The complainant made a claim to the opposite parties. The opposite parties did not accept the claim. Therefore, on the ground of deficiency in service, the present complaint has been laid.

(2.) The opposite parties contended that there is no deficiency in service. The claim is barred by time. The complainant made a similar claims relating to the same building alleging identical damages to New India Assurance Company. It was dismissed. Thus, the present claim is also not bona fide. Incorrect statements have been furnished in the policy. The allegation that the foundation went down by one foot and cracks developed in the building is not true. The Surveyors have given reports that damages are not due to rainfall but due to defective construction. There is no deficiency in service.

(3.) The lower Forum by its order dated 14.6.1999 dismissed the complaint. Hence the present appeal.