Tribunals and Commissions(1995) 08 NCDRC CK 0001

Pifido Farms vs UNITED INDIA INSURANCE CO LTD

National Consumer Disputes Redressal Commission · Decided on 21 August 1995 · Citation: 1996 2 CPJ 208

HON’BLE JUDGES
W.M.SAMBRE , G.R.BEDGE J.

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Judgment

2 paragraphs · 296 words
1.

THE case of the complainant is that they have insured the fish farm for the period July, 1989 to 17th August, 1990. The Insurance Company has sent the Policy No. 160901/47/93/21/89 -90 dated 8.2.90. Thereafter they requested the opponents to inspect the fish farm which they did not do. The fish farm was washed away in the month of August, 1990. Therefore he lodged complaint with the Insurance Company and asked for the compensation to the tune of Rs. 9 lakhs. According to the learned Counsel Mr. Felloro, the assessment was made by the respondents to the tune of Rs. 4.50 lakhs. They did not pay inspite of correspondence from time to time. It is the case that he has made the correspondence with the opponent but nothing could happen. Therefore he filed the complaint on the basis of the insurance policy of the said fish farm and its insurance. The respondent has completely denied the claim of the complainant saying that the fish farm was not in existence and, therefore, there is no question of grant of any insurance claim. She has also stated that there is report from Marine from which it is revealed that fish farm was not in existence. Appellant has stated that there is Government report/information as well as the documents about the existence of fish farm.

2.

ALL the claims and counter claims made by the respective parties cannot be gone into by this Commission as it lacks the evidence as well as the documents. It will be proper for the parties to adjudicate their claim before the proper Court. Therefore, we are not inclined to entertain the complaint. In the circumstances, the complaint of the complainant is disposed of with no order as to the costs. Complaint dismissed.