SUDARSAN HANDICRAFTS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is by the complainant challenging the Order of the District Forum dismissing the complaint.

(2.) The facts in this case are that the complainant is carrying on his business situated at United Mansions, No.39 (110), M. G. Road, Bangalore-1. The stock in trade of the complainant was insured with the O. P. for the period from 29.12.2000 to 28.12.2001. When the policy was in force, the Bangalore Mahanagara Palike demolished the premises by virtue of an Order passed under the provisons of the Municipal Corporation Act on the ground that the construction is contrary to the provisions of the Act and bye-laws on 17.10.2003. The said action was no doubt was questioned by the owner of the said premises before the High Court of Karnataka in Writ Petition No.38731/2001. The said Writ Petition was disposed of by the High Court by its order dated 17.10.2003 quashing the notice said to have been issued by the Corppration. The complainant is only a tenant of the said premises. No doubt, the complainant appeared to have suffered certain loss because of the demolition of the premises by the Bangalore Mahanagara Palike. After the demolition, the complainant made a claim before the Insurance Company claiming compensation. The said claim was repudiated by the Insurance Company on the ground that the loss if any suffered by the complainant is covered under the exclusion clause of the policy. This has made the complainant to file the complaint before the District Forum alleging deficiency in service.

(3.) The District Forum dismissed the complaint holding that the injury if any suffered by the complainant is covered under the exclusion clause. This Order is under challenge by the complainant in this Appeal.