BRANCH MANAGER, NEW INDIA ASSURANCE CO LTD Vs. MARIYAKUTTY PAILY AND ORS
LAWS(KERCDRC)-2010-2-6
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 10,2010

Branch Manager, New India Assurance Co Ltd Appellant
VERSUS
Mariyakutty Paily And Ors Respondents

JUDGEMENT

- (1.) THE appellants are the first opposite party/Insurance Company in CC.7/06 in the file of CDRF, Idukki. The appellants are under orders to pay a sum of Rs.2 lakhs to the complainant.
(2.) THE case of the complainant is that she availed a housing loan of Rs.2 lakhs to the 2nd opposite party, bank for the construction of a new house at an estimated cost of Rs.2 lakhs. The house was insured for Rs.2 lakhs, along with 25 other buildings. The premium was deducted by the 2nd opposite party bank. While under construction when it had completed up to the roof level on 11.7.05 it was destroyed by a lands lide. A surveyor visited the property on 10.10.05. The opposite party repudiated the claim. All the houses were insured while under construction. The complainant has sought the help for an engineer to assess the damages and he has assessed damages at Rs.2,15,000/ -. The opposite party No.2 Bank is taking steps to recover the arrears of loan amount.
(3.) THE first opposite party insurer has contended that the complainant has suppressed the fact that the building is under construction and obtained insurance policy as if the building is a pacca residential building. Hence on account of suppression of material facts, the opposite party is not liable to honour the policy. More over, the surveyor has assessed the loss at Rs.62,920/ - The second opposite party bank has filed version denying liability.;


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