The Consumer Protection Act includes insurance services within the ambit of 'service' and the Consumer Forum has jurisdiction to entertain a complaint against an insurance company for deficiency in service.

1. This Miscellaneous First Appeal under J&K Consumer Protection Act 1987 is directed against the judgment and order of J&K Consumer Redressal Commission, Jammu dated 30-3-1995, whereunder the learned Commission has accepted the complaint and directed the appellants to pay to the respondent herein Rs.2.57 lacs alongwith interest @ 18% per annum from the date of fire incident till the date of realisation and further directed the appellants to pay Rs. 10,000/-to the respondent as cost of litigation, for setting aside the same.

2. The facts in brief which have given rise to the present appeal are that the respondent herein being the owner of a residential house situated at Sadiqabad, New Qazibagh, near Industrial Estate, Anantnag, was insured with the appellants as per policy documents forming annexure-PII to the complaint. The policy is reported to have been covering the risk against fire and terrorist acts etc. since 15th June 1990 to 14th June. 1991 under policy No: 111693/48/32/ 141/91. The said policy of insurance has been issued in favour of the respondent herein by the appellants.

3. It may be noted that the said policy does make a mention of the fact that it covers:

A) Sanitary fittings : Rs.50,000/-

B) Electrical fittings : Rs.25,000/-

C) Building : RS. 5,25,000/-

D) All types ofhousehold goods as

per details annexed with the

policy. : Rs.90,000/-

E) Glass fittings : Rs.2,000/-

4. The premium break-up for all these items have been shown in the policy document and the risk of burglary, fire, terrorist acts etc. is also covered and for all these things, premium seems to have been paid by the respondent to the Insurance Company/ appellants.

5. It is also brought on record that the said house was complete in all respects and the respondent was living in the said house. He was enjoying the house as well as household goods for his comforts. The facts further reveal that the respondent is one of the persons who during the recent crises in the State particularly in Kashmir province because of unforeseen circumstances during the year 1990 that plunged the entire valley of Kashmir into darkness and distress, the respondent had to migrate from the place of his residence. It is stated that the respondent at the time of his migration had locked his house and as there was total failure of security, the respondent could no longer live in Anantnag.

6. It is also submitted that after his migration, the respondent received information that his house had been destroyed by fire on 23/24th of October, 1991. On this information having been received, the respondent got registered FIR No: 254 of 1991 under sections 436, 307 RPC read with section 3 and 5 of TADA(P) Act with the concerned police station. Even a certificate also seems to have been issued by the Assistant Director, Fire Services, Command Anantnag, certifying that on 23-10-1991, fire broke out at Qazibagh Anantnag in which the house of respondent herein also suffered damage.

7. The respondent herein, as per averments, besides informing police, had also informed the appellants about the loss and lodged the claim under the policy of insurance forming annexure-PII to the complaint before the said forum.

8. The appellant/Insurance Company after receiving information and claim from the respondent, a letter seems to have been issued to ˜-$r. Superintendent of Police, Anantnag and Assistant Director, Fire Services, Anantnag on 31-12-1991, requesting for the issuance of a copy of FIR and final investigation report in the matter. Copies of both these letters form annexures to the complaint.

9. The facts further reveal that after entertaining the claim/information of the respondent herein, the appellants satisfied themselves about the genuineness of the claim and asked the respondent to submit his estimate of the damage caused to the building and for its reconstruction. The respondent submitted the same to the appellants herein. The respondent also gave the detailed drawings showin

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