PRAN NATH HAKIM Vs. NEW INDIA ASSURANCE COMPANY
LAWS(J&KCDRC)-2008-12-3
JAMMU AND KASHMIR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 30,2008

Pran Nath Hakim Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY Respondents

JUDGEMENT

- (1.) THE brief facts of the case are that the appellant Pran Nath Hakim had set up a television transmission system through cable network under the style of JK Network and had established a studio for recording television programmes and transmitting the same. He had set up this institution at Udhey wala, Jammu. The equipment of the said studio had been insured with the respondents under policy No. 350706480109 -336 commencing from 28.12.2001 to 27.12.2003. The appellant raised his claim with the respondents stating that on 14.11.2003, lightening had struck on the building of the studio which caused damage to the electronic gadgets. Besides some miscreants also damaged his cable network. The incident had been reported to the concerned police station. The respondents took no steps to settle his claim.
(2.) ON getting no response from the respondents, the appellant moved to the learned Divisional Forum, Jammu (hereinafter to be referred to as Forum) through the medium of complaint. The learned DF entertained the complaint and considered the matter and disposed of the same vide order dated 8.4.2005. The learned Forum ordered inter alia that the respondents should register the claim of the appellant and depute the Surveyor to process it within three months from the date of the order. The complaint was accordingly allowed. The respondents in compliance of the order of Forum, deputed the Surveyor Sh.N. K. Tagotra who assessed the loss to the tune of Rs. 28,000. In the meanwhile, the appellant again moved the Forum on 25.8.2005 through the medium of petition which he styled as execution petition. The learned Forum considered the execution petition and vide its order dated 10.10.2005 disposed of the same with the observation that direction passed by it in the complaint seems to have been complied with by the judgment debtor and recorded that "award has been satisfied."
(3.) THE grievance of the appellant is that neither any award had been made by the Forum nor any payment had been made to him. He has assailed the order dated 10.10.2005 as against the law and facts. That the Surveyor has assessed the loss not in a fair manner because he had failed to apply judicial mind to the statement of loss submitted before him. The learned Counsel appearing for the respondent has submitted that the appeal is not maintainable because the appellant is not aggrieved of any order passed by the Forum much less the one dated 8.4.2005. Therefore, he has prayed for the dismissal of the appeal. Apart from that the learned Counsel has assailed the appeal on facts as well.;


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