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Sr. No. Appeal No. Complaint No. Name of the insured Policy No. Sum insured

1. 318/2009 67/2005 Rita Anand 111301/11/03/00435 Rs.25 lacs

2. 319/2009 74/2005 Manorma Anand 111301/11/03/00434 Rs. 25 lacs

3. 320/2009 68/2005 Ashok Bhasin 111301/11/03/00436 Rs. 10 lacs

4. 321/2009 66/2005 Bharti Sahni 111301/11/03/00437 Rs. 10 lacs.

 

6. Further averments in the complaints were to the effect, that the aforesaid building was constructed jointly as per lay out/construction plan by them as they are the member of the same family. During the subsistence of the said policy, their building suffered substantial damage due to the subsidence and sinking of the road, named Solan Rajgarh Road which adjoins and abuts their building. They noticed the damage in the month of May, 2004 which was initially mild in nature, but gradually it started aggravating thereby posing threat to the existence of the building/structure. Damage/cracks which appeared in the building and its pillars suffered due to the sinking and subsidence of the adjoining road, as such intimation was given to the insurance company by them. It was also requested to take up the matter in view of the insurance policy obtained with respect to the aforesaid building to indemnify them. But the insurance company on one pretext or the other, dilly dallied the matter. Finally their claim was repudiated on the ground of suppression of material facts and also on the ground that the designing of the structure was defective. In this background, the present complaints U/S 12 of the Consumer Protection Act, 1986 for alleging deficiency in service on the part of insurance company were filed. They claimed an amount of Rs. 12 lacs alongwith interest @ 18% per annum, besides cost of the complaint and damages to the tune of Rs 1 lacs.