Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member

          Appellant and counsel for the Appellant are absent inspite of intimation of today’s date is given to the Appellant by registered post on 6/8/2011 and also publishing the notice on notice board of the Commission and the Bar as well as on internet.  Adv. Smt. Preeti Walimbe is present on behalf of the Respondent.

[2]     Heard.

[3]     This appeal takes an exception to an order dated 16/11/2002 passed by the District Consumer Disputes Redressal Forum, Thane (‘the Forum’ in short) in Consumer Complaint No.88 of 2002, M/s. Ashok Trading Company  Vs.  The New India Assurance Company Ltd.  It is a case of deficiency in service on the part of the Appellant/original Opponent (hereinafter referred to as the ‘insurance company’) for repudiating the insurance claim.  The Forum partly allowed the claim and directed the insurance company to pay compensation of `78,000/- to the Respondent/original Complainant and feeling aggrieved thereby this appeal is preferred by the insurance company.

[4]     The claim pertains to loss caused due to earthquake.  Based upon the report of the surveyor that the loss was not due to earthquake but due to wear and tear/poor maintenance and poor quality construction of the shop, the claim was repudiated by the insurance company.  Considering the report of the Civil Engineer dated 19/2/2001 and further finding that the opinion expressed by the surveyor, in his report dated 25/8/2001, is not based upon any substantive material, the Forum came to a conclusion that the opinion of the surveyor regarding cause of loss cannot be accepted and thus, finding that the repudiation of the insurance claim was unjust & improper, passed the impugned order.  After carefully considering the preponderance of probabilities and material placed on record and on which the Forum relied, it cannot be said that the Forum was palpably erroneous in reaching to the conclusion as stated above.  We find no merits in the appeal and holding accordingly, we proceed to pass the following order:-

ORDER

                             The appeal stands dismissed.

                             No order as to costs.

Pronounced & dictated on 17^th August, 2011