UNITED INDIA INSURANCE CO LTD Vs. GH HASSAN WAZA

JUDGEMENT

(1.) IN Complaint No. 156/97. on the file of Jammu and Kashmir State Consumers Protection Commission, Srinagar (hereafter for short "Commission"), the Commission awarded Rs. 3.00 lacs with 12% interest PA from the date of loss till payment, as compensation, claim to proprietor Ghulam Nassau Waza, complainant against United India Insurance Company Ltd. the Opposite party before the Commission In respect of fire and loss claim raised by the Complainant regarding various types of Carpets stocked in n showroom situated at Bus Stand Beerwa. The United India Insurance has challenged this order dated 23 -06 -1999 of the Commission, in this Appeal

(2.) THE facts necessary for our present purposes are that the respondent Ghulam Hassan Waza took fire Policy -A effective from 11 -07 -1 996 to 10 -7 -1 997 for a sum of Rs. 4. 00 lacs In respect of his single storey building with fixtures and fittings and two rooms used for housing Carpets. Second policy for Rs. 1.00 lac subsisting for the period as above, was taken by him for household goods. In addition, a third policy for Rs. 4.00 lacs was taken for Waza Carpets with Ghulam Hassan Waza as Proprietor, to cover the fire, burglary and terrorist risks to all kinds of finished Kashmiri hand knitted silk, staple and woolen carpets lying the show room of the Waza carpets Beerwa. This third policy subsisting from 11 -7 -96 to 10 -7 -97 was taken through Jammu and Kashmir Bank Beerwa, which extended cash credit facilities to Waza Carpet against hypothecation of stocks and good in trade lying in the premises show room covered by the Insurance policy. No dispute is raised to these facts on either side.

(3.) RESPONDENT / Complainants case is that the show room covered by the above third Insurance Policy cover is one of the shops in the building known as "Unjaman Maznarul Haq". This building complex comprises of number of shops and is situated/ located at Bus Stand Beerwa. He had taken on lease this shop where Carpets were stocked and sold. This show room "Waza Carpets" was partly financed by Jammu and Kashmir Bank, Branch Beerwa, which extended cash credit facility to him. He was availing of the facility at Beerwa Branch of the Bank. The stocks were hypothecated with the Bank. It was in fact the Jammu and Kashmir Bank which obtained the Insurance cover for stocks of all types of carpets stocked in the show room situated at Bus Stand Beerwa. The appellant is contesting this statement. Instead appellants counter case is that two rooms in the residential buildings of respondent, covered by First Insurance Policy, were infact used as show room for "Waza Carpets" and there was no independent show room of "Waza Carpets" at Beerwa Bus Stand. It is this contentious issued which merits to be examined on evidence/ material brought on record before the State Commission. The Commission has come to the conclusion that the show room covered by the insurance policy/ cover is the one that was situated at Beerwa Bus Stand and on this finding awarded the claim with interest under appeal