LAWS(NCD)-2016-5-122

UNITED INDIA INSURANCE COMPANY LTD. Vs. SANDEEP SHARMA

Decided On May 20, 2016
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
SANDEEP SHARMA Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 1st Oct., 2014 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission') in First Appeal No. 156 of 2013.

(2.) The facts of the case as per the respondent/complainant are that the respondent has got his building insured from the petitioner/opposite party through State Bank of Patiala as the respondent has taken loan, for construction of his building. The building was insured by the Bank for Rs. 7,00,000. The respondent alleged that due to heavy rains and floods respondent's building was damaged. The respondent got the damage assessed from M/s. Hi Tech Construction's Engineers, Architects and Estimators. The respondent lodged his claim with the Insurance Company but the same was repudiated vide letter dated 14.3.2012. The respondent has claimed Rs. 7,00,000 on account of damage to the house and Rs. 50,000 on account of harassment including litigation expenses.

(3.) The complaint was strongly contested by the petitioner/opposite party by taking preliminary objections that the present complaint was bad for non-joinder of necessary parties. The petitioners have admitted that the insurance and heavy rains and flood in the year 2011. The petitioners have denied the damage to the building. The petitioners had deputed their surveyor who investigated the entire matter and submitted his report. The Insurance Company denied the entire allegations of the complainant and prayed for dismissal of the present petition.