Insurance firm told to pay up Dera Bassi man whose house was damaged in rain

The firm has also been directed to pay him Rs 3,000 towards costs.

Kaka Ram,a resident of Punsar village near Dera Bassi,took a bank loan to construct his house in 1999. He insured the house under the insurance firm’s “fire and special perils policy” from May 2001 to May 2006.

Kaka Ram stated in his claim that in September 2003,due to heavy rainfall and overflow of water from an adjacent drain,water entered the plinth of his house. Within 10 days,the walls of the house developed cracks.

In its reply,the insurance firm said it received information about the damage 89 days late and as a result,it could not inspect the damaged property in the earlier stages.

The surveyor report said cracks could appear with time if foundations were weak,or the house was not built properly.

The surveyor also said vibrations caused by a fodder machine installed behind the walls,too,could have caused the damage.

The insurance firm denied Kaka Ram’s claim,stating that the damage was caused by wear and tear of the house,and not due to heavy rain.

Kaka Ram then filed a complaint with the District Forum,Patiala. The Forum accepted his complaint and directed the firm to pay him his insurance claim of Rs 65,200. The firm appealed against the order in the commission.

The commission observed that the house was constructed in 1999 and developed cracks in 2003. “It is very surprising if within four years,the walls suffer cracks by wear and tear. Nobody keeps the foundation weak and nobody builds the house negligently,” observed the Commission.

It noted that heavy rain had indeed taken place in September 2003,and water had also entered Kaka Ram’s house. “Therefore it was possible that due to the seepage of water in the foundation,cracks developed in the walls of the house,” the Commission said in its order.

The commission dismissed the insurance firm’s appeal and directed it to pay Rs 65,200 to Kaka Ram as his insurance claim.