Kerala

Malappuram

OP/02/324

ABDHUL KHADHER, S/O. KUNHALAN (LATE) - Complainant(s)

Versus

BRANCH MANEGER , ORIENTEL INSSURENCE CO-Ltd. - Opp.Party(s)

SHAMSUDHEEN.K

29 Nov 2007

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/02/324

ABDHUL KHADHER, S/O. KUNHALAN (LATE)
...........Appellant(s)

Vs.

BRANCH MANEGER , ORIENTEL INSSURENCE CO-Ltd.
...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI 2. K.T. SIDHIQ

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, According to the complainant he insured his house against loss in calamities including earthquake. On 12-12-2000 earthquake developed in Thazhekode area and damaged his house. A Surveyor was deputed by opposite party on intimation of the loss by complainant. He claims damage of Rs.1,00,000/- along with interest and costs. Opposite party has filed version, admitting the policy. Opposite party denies the allegations in the complaint regarding earthquake and loss caused to the house. Complainant neither filed affidavit nor did he produce any documents. Exts.B1 to B4 marked on the side of opposite party. Ext.B2 is the survey report which shows that the damage to the house is due to defective construction. Complainant has failed to establish and prove any case as alleged in the complaint. Hence we dismiss the complaint with no order as to costs. Dated this 29th day of November, 2007. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Nil Witness examined on the side of the opposite parties : Ext.B1 to B3 Ext.B1 : Policy Ext.B1 : Carbon copy of the Survey bill. Dated, 1-6-2001. Ext.B1 : Rejected application for Certificate Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER




......................C.S. SULEKHA BEEVI
......................K.T. SIDHIQ