- (1.)THE complainant is a resident of village Vessu Chak, Tehsil Dooru, District Anantnag and owned one three storeyed tin roofed house in the same village. Because of spurt in militancy related incidents, he was forced to migrate from his village and took refuge in a migrant camp at "Garhi Udhampur". In the year 1995, he obtained insurance policy and thereafter had been continuously renewing the same. Annexure A filed with the complaint shows that his house was insured under Policy No. 110200225 which was valid upto 21.6.2002. It was Standard Fire and Special Perils Policy which covered the risk of the insured house to the extent of Rs. 6 lac. Annexure D filed with the complaint shows that the Insurance cover regarding the above said house remained in currency from 22.6.2004 to 21.6.2005. The case of the complainant is that his house was set on fire by some subversive miscreants in the year 2001 and the incident had been suo motto registered by the Police in Police Station, Qazigund. The complainant being a migrant and living in Udhampur came to know about the alleged loss after about four years. He lodged the complaint and on its basis on 24.6.2005, FIR No. 116/05 was registered in Police Station, Qazigund. The complainant raised the claim with the OPs which was not settled. Vide Annexure D, he approached the Grievance Cell of the OPs and when no action was taken, he was compelled to give legal notice to the OPs (Annexure E). Despite all this, the claim was repudiated fide Annexure -F dated 18.1.2006. The complainant has claimed his indemnification to the extent of Rs. 6 lac along with interest @ 9% per annum and compensation of Rs. 10,000 for mental harassment.
(2.)THE OPs have contested the complaint and in the written version have pleaded that complaint is not maintainable because the alleged incident took place in the year 2001 and the complainant lodged the claim with the OPs on 18.7.2005 which is time -barred as violative of condition No. 6(b)II of the standard fire and special perils policy. The OPs had sent the claim to their Regional Office situated in Ambala which was not admitted. According to them, there is no deficiency in service. On facts, the premium receipts of the year 2001 -2002 and of the 2004 -2005 (Annexures A and B respectively) have been admitted. That FIR regarding the incident was registered in the concerned Police Station in the year 2005 and not in the year 2001. It is also alleged that the complainant was aware of the alleged loss in respect of the insured house one year earlier and thus he was late in raising the claim and thus violated condition No. 6(b)II of the Insurance Policy. The complainant did not inform the OPs in time about the alleged loss though he had the knowledge of it. Under these circumstances, the OPs were prevented from appointing any Investigator/Surveyor -cum -Loss Assessor. As there was a delay of more that 4 years so his claim rightly was not admitted.
(3.)THE complainant has deposed on affidavit in support of the claim as well as examined Ghulam Mohd. Mir and Maharaj Krishen Dhar as his witnesses. On behalf of the OPs, Dr. S.K. Bhagathas appeared as a witness.
Heard the arguments.