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2013 Supreme(J&K) 100

M.M.KUMAR, HASNAIN MASSODI
National Insurance Co. Ltd. – Appellant
Versus
Dina Nath Ganjoo – Respondent


Advocates Appeared:
For the Petitioner:C.S. Gupta, Advocate.
For the Respondent:K.L. Bhat, Advocate.

M.M. Kumar, C.J.:--

1. This appeal has been preferred by the National Insurance Company Limited by invoking Section 17 of the Jammu and Kashmir Consumer Protection Act, 1987 and is directed against order dated 06-09-2010 passed by the J & K State Consumer Disputes Redressal Commission, Jammu (for brevity ‘the Commission’). The Commission has allowed the claim filed by the consumer-respondent.

2. The consumer-respondent was forced to flee away from his home and hearth. He migrated to Jammu and as a migrant he got his residential house along with attic and household articles lying therein insured with the appellant-company under the ‘standard fire and perils policy’. The same continued in operation from the year starting from 1998 to 2005. The case of the consumer-respondent has been found to be genuine as Police Station Bijbehara has suo motu accepted the incident whereby the house was damaged by miscreants and FIR 15/2001 was registered under Section 436, RPC. The Commission has disregarded the report given by M/s. Wullar Investigators because it was proved on the record that insured house belonging to the consumer-respondent had suffered loss on 15-01-2001 and assessment was made by





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