- (1.) These Appeals, filed u/s 17 of Jammu and Kashmir State Consumers Protection Act, 1987, arise from a common order passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Srinagar (Commission for short), impugned herein. Since identical question of law is involved in all these cases, they are taken up together and are disposed of along with connected CMPs by this common order.
(2.) The admitted facts, which are taken from the impugned order of the Commission, annexed with CIMA 162/2012 are summarized below : The parties have admitted that the valid Insurance Policies were issued. It is also admitted that the properties of the respondents complainants got damaged during the subsistence of these policies. It is also admitted that on receipt of information, the Appellants Insurance Companies appointed surveyors, who, after conducting survey, submitted their reports about the loss and damages suffered by the respondents complainants. It is also admitted that the damage was caused to the properties of the respondents complainants on account of cross fire/shelling by or between the armed forces and militants. It is also admitted that separate amounts were paid by the respondents complainants for coverage of risk on account of terrorism. It is also admitted that in all cases, police has opined about the non involvement whatsoever of the respondents complainants with the militancy related activities.
(3.) Despite all these admitted facts, the Appellants repudiated claims of the respondents complainants, constraining them to approach the Commission. The Commission, by its order dated 18-05-2012, allowed the complaints of the respondents and directed the Appellants to pay the amount in the manner directed by the Commission in the aforesaid order.;