Entitlement to insurance under the Hut Insurance Scheme is limited by compensation received from other sources. Complaints under the Consumer Protection Act are subject to limitation.

ORDER

1. This appeal is by the National Insurance Company Limited, wherein the Insurance Company assails the order of the District Forum, Dhenkanal passed in C.D. Case No. 62 of 1997 allowing the petition of the respondents on contest and directing the appellant Insurance Company to pay a sum of Rs. 1,000 towards the balance insurance amount and satisfy their claims within a stipulated period and pay Rs. 200 as a consolidated cost of litigation to be received jointly by the complainants/respondents or a person authorised on their behalf.

2. We have heard learned senior Counsel Mr. S. Das appearing for the Insurance Company and Mr. G.N. Padhy appearing for the respondents. It is the case of the complainants that on 20.3.1992, the houses of the complainants/respondents were burnt along with belongings and they moved the Government and the Tahasildar, Sadar, Dhenkanal paid Rs. 200 to each of the victims of the fire and he also paid Rs. 1,000 to each of the complainants from the Prime-Minister's Relief Fund. It was further their case that as per Hut Insurance Scheme for poor families, each family is entitled to get Rs. 1,500. Name and address of the complainants were reported to the Insurance Company for settlement of their claim in their favour under the Insurance Scheme, but the Insurance Company did not settle their claim and after long lapse of time, on 13.1.1994, they paid Rs. 300 to each of the complainants/beneficiaries under the scheme and the balance Rs. 1,000 was not paid by the Insurance Company, for which the complaint was filed.

3. The appellant-Insurance Company appeared before the District Forum and filed written version with the contention that admittedly there was house fire and the houses of the complainants were gutted along with their belongings. Under the insurance scheme, the complainants are entitled to the benefit. In this connection, it was stated by the Insurance Company that as per Government Resolution-cum-order dated 22.2.1989, a person under the scheme is entitled to the benefit, if he has not received compensation of more than Rs. 1,500 from other sources such as Prime Minister's Relief Funds, ex gratia, etc. and it is also stipulated that if the compensation under Sub-clause (b) is less than Rs. 1,500, compensation under the scheme will be limited to the amount which will bring the total compensation from all sources to Rs. 1,500 and in that view since the Tahasildar had already paid on behalf of the Government of Orissa Rs. 200 and Rs. 1,000 to each from the Prime Minister's Relief Fund, each of the complainants had already received Rs. 1,200 from other sources and the Hut Insurance Scheme for poor families, which were undertaken by the National Insurance Company on payment of premium by the State Government in the Community Development and Rural Reconstruction Department had to pay Rs. 300 only so as to make the total amount of Rs. 1,500 from all sources.

4. During arguments, the said Government Resolution dated 22.2.1989 of the Government of Orissa Community Development and Rural Reconstruction Department was placed before us relating to Hut Insurance Scheme for poor families and it says in its objectives that it is to provide relief to very poor families in rural areas when their huts and/or belongings are destroyed by fire. Relating to scope of cover and financial benefits payable, it is stated that the insurance cover to be provided under the scheme will be extended to destruction of huts and belongings only by fire and by no other cause. The "clause", when compensation under the scheme is not payable has been enumerates as follows:

(a) Fire arising or resulting from breach of any law with criminal intent.

(b) Where compensation higher than Rs. 1,500 is receivable from any other source due to loss of huts and other belongings by fire.

In the Note-(i), it is stated that if compensation under (b) is less than Rs. 1,500, compensation under the scheme will be limited to the amount which would bring t