KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.261/09 JUDGMENT DATED 27.1.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER United India Insurance Company Ltd, Ponkunnam Branch, rep by Dr.Mohan Shanker, Senior Divisional Manager, -- APPELLANT United India Insurance Company Ltd, Divisional Office-1, LMS Compoind, Thiruvananthapuram. (By Adv.Jagadish Kumar) Vs. 1. P.A.Philip, Puthukulangara Veedu, Thalappalamkara, Thalappalam Village, Meenachal Taluk. 2. The Manager, -- RESPONDENTS Meenachal Co-operative Agricultural Rural Bank, Erattupetta. (R1 by adv.Avaneesh.V.N) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party/Insurance Company in CC.183/07 in the file of CDRF, Kottayam. The appellant is under orders to pay the amount as per Ext.A3 survey report and Rs.1500/- as costs. 2. It is the case of the complainant that his smoke house and rubber sheets were insured with the opposite party and that the same was got gutted in fire on 5.9.05. The claim was repudiated. 3. It is the contention of the opposite party/appellant that the surveyor has reported that the rubber sheet etc. were damaged due to overheating during drying process. As per Clause 1 (a) ii of the policy destruction or damage caused due to fire during heating or drying process is excluded . 4. The evidence adduced consisted of the proof affidavits by the respective sides and Exts.A1 to A4 and B1 to B3. 5. The Forum has disposed of the matter by a cryptic order mentioning that as per the survey report the burner was noted as separated from the smoke house and hence there is no reason to dis-believe the case of the complainant. 6. We find that the matter requires detailed consideration. Except the proof affidavit no objective evidence has been adduced. In the light of the exclusion clause and also in view of the fact that the fire was not caused due to short circuit of electricity etc. the matter requires further consideration. 7. Hence, the order of the Forum is set aside. The case is remitted back to the Forum. The Forum is directed to permit both sides to adduce evidence and dispose of the case on merits. 8. The case stands posted before the forum on 18/3/2010. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER | 
