NATIONAL INSURANCE COMPANY LTD Vs. LAIQ RAM VERMA
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE COMPANY LTD
Laiq Ram Verma
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(1.) THIS appeal is directed against the order passed by District Forum, Shimla in Consumer Complaint No. 312/2002, decided on 22.1.2007 whereby the complaint of the respondent was allowed and appellant -insurance company was directed to indemnify the respondent to the extent of Rs. 25,000/ - along with interest @ 9% per annum with effect from the date of filing of the complaint, (i.e. 10.6.2002) till realization. Besides this, litigation cost has also been quantified at Rs. 2500/ -.
(2.) FACTS of the case as they emerge from the record are, that the respondent got his house insured with the appellant for a sum of Rs. 2 lacs which was situated at Village Dharogra, Tehsil Suni, District Shimla, HP. Insurance of the house was effective from 18.1.2001 to 17.1.2002. The said house got damaged in earthquake on 26.1.2001 during the subsistence of the insurance policy. Thereafter the respondent lodged claim with the appellant, who repudiated the same on the ground, that there was no earthquake on 26.1.2001 and the loss if any, was caused due to the defective construction used by the respondent. In this background complaint under Section 12 of the Consumer Protection Act, 1986 was filed.
(3.) APPELLANT contested and resisted the complaint before the District Forum below on the ground that the house of the complainant was not damaged in the earthquake on 26.1.2001, but it has been damaged due to the defective construction by the respondent.
Brief resume of the evidence led by the parties in the present case in nutshell is, that the appellant in support of its case has filed affidavit of Mr. Arun Ahulwalia, its Administrative Officer and letter of repudiation dated 20.2.2002 Annexure R -1A, copy of reply of notice sent to Mr. Pawan Kaprate, Advocate Annexure R -1/B, terms and conditions of the policy Annexure R -1/C, report of surveyor Mr. I. J. Dhawan Annexure R2/A alongwith his affidavit.;
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