ORIENTAL INSURANCE COMPANY vs HARIVADANBHAI ALAJIBHAI PARMAR

THIS appeal arises from order dated 26th June, 2003 rendered by the learned Ahmedabad (Rural) District Consumer Disputes Redressal Forum in Complaint No. 255/2001 directing the opponent Insurance Company to pay to the complainant Rs. 29,585.40 with interest @ 9% p.a. from the date of complaint till payment and compensation and cost respectively in the sum of Rs. 1,000/- and Rs. 500/- on account of the damage caused to the complainant''s flat as the result of earthquake which disturbed the whole of Gujarat State including the City of Ahmedabad on 26.1.2001.

IT is not in dispute that the complainant was insured with the opponent Insurance Company for the calamity. What was in dispute before the learned Forum was the amount of damage caused to the complainant''s flat. Learned Forum upon appreciation of the evidence placed on the record accepted the complainant''s case with regard to he having incurred expenditure in the sum of Rs. 29,985.40 for repairs. Learned Advocate for the appellant (original opponent) would argue that the opponent''s Surveyor assessed the damage to the flat at Rs. 3,465/-. In our considered opinion the learned Forum has rightly appreciated the evidence of the Surveyor who is not an Engineer. As a matter of fact the complaint was supported by the vouchers of the actual expenditure as well as expert evidence which also appears to have been appropriately appreciated by the learned Forum. Learned Advocate for the appellant would submit that the learned Forum has committed error in awarding Rs. 8,709/- towards the complainant''s contribution for repairs of columns and foundation and other portion of the parking place or common structures. In our considered opinion this submission cannot be accepted as the flat holders have not only their own occupational premises but have also common interest in the structures belonging to the members/flat holders jointly. Hence the submission that the complainant would not be entitled to his contribution of Rs. 8,709/- for the repairs carried out to such structures cannot be accepted.

In our considered opinion there does not appear to be any error committed by the learned Forum in appreciation of the evidence placed on the record of the learned Forum. This appeal is, therefore, rejected at the admission stage. Appeal dismissed.