- (1.) BOTH these appeals, one by the Insurance Company and another by the complainant, arise out of order dated 7.5.2009 passedby theDistrict Forum, Dehradun and hence both the appeals are disposed of by this order.
(2.) IN brief the facts of the case are that the complainant along with his wife Dr. Shashi Prabha got his house insured with the New India Assurance Company Limited for the period from 13.3.2006 to 12.3.2007 and on the expiry of the said period, the policy was got renewed. The complainant has alleged that due to rain, the Pushta of the house had fallen, intimation whereof was given to the Insurance Company on 17.7.2006. However, the claim lodged by the complainant was repudiated by the Insurance Company on the ground that the pushta does not fall under the definition of "building". Alleging deficiency in service on the part of the Insurance Company, the complainant filed a consumer complaint before the District Forum, Dehradun.
(3.) THE Insurance Company resisted the consumer complaint on the ground that the pushta does not fall under the definition of "building" and hence the claim lodged by the complainant was not maintainable and was rightly repudiated. The District Forum, on an appreciation of the facts of the case and the material on record, allowed the consumer complaint vide order dated 7.5.2009, thereby directing the Insurance Company to pay an amount of Rs. 5,00,000 to the complainant together with interest @ 7% p.a. from the date of filing of the consumer complaint till payment.;