GORSI CONSTRUCTION PVT. LTD. Vs. UNITED INDIA INSURANCE COMPANY LTD.
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Gorsi Construction Pvt. Ltd.
UNITED INDIA INSURANCE COMPANY LTD.
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ARUN KUMAR GOEL -
(1.) THIS appeal is directed against the order passed by District Forum, Kullu in Complaint No. 78/2006 on 11.4.2007. By means of impugned order complaint filed by the appellant has been dismissed. Hence this appeal.
(2.) IT is admitted case of the parties that the respondent had provided insurance cover for 3 awarded works of providing protection/training work in Pullia Nallah by the National Hydroelectric Power Corporation Ltd. (NHPC) to the appellant. It is further admitted between the parties that the appellant had obtained a comprehensive insurance cover from the respondent in the sum of Rs. 8,34,000 for these works. During the subsistence of the insurance policy, on 27.7.2005 due to heavy rains all the 3 works executed by the appellant were washed away.
(3.) NOW the dispute starts. Because appellant alleges that he had intimated the respondent on 27.7.2005 vide Annexure R.1, i.e. on the date of incident itself, whereas stand of the respondent is that this letter has been antedated by the appellant and it was received by it on 7.9.2005. Thus, according to the learned Counsel for the respondent his client was not immediately informed about the incident so that it could get immediately the spot surveyed or the final survey done promptly to know about the actual facts as to whether the incident had taken place or not. And if so, the extent of loss suffered by the appellant. We may mention in this context that the learned District Forum had observed in para -7 of the impugned order that ante -dating of this letter was conceded on behalf of the appellant by his learned Counsel during the course of proceedings before the District Forum below. Mr. G.D. Sharma, learned Counsel for the respondent, laid great emphasis on this admission. As according to him, this by itself is enough to dismiss this appeal while upholding the order of the District Forum below. We shall deal with this submission appropriately hereinafter.
From the documents on record, it is clearly made out that 3 works in question had been allotted to the appellant by a Government of India Enterprise, i.e. NHPC. Dispute may have been between the appellant on one side, and the respondent on the other. In this behalf when a reference is made to Annexure C.VII to IX, the doctrine of "men may lie, documents will not", is attracted.;
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