Chandigarh Ombudsman Centre
CASE NO. GIC/771/NIC/11/09
Rattan Lal Jhusoo
Vs
National Insurance Co. Ltd.
Facts: The complainant Sh. Rattan Lal Jhusoo had taken a Fire policy No. 420800/11/06/31000179 for the period 31.08.2006 to 30.08.2007 covering his 3 storey residential building for sum insured of Rs. 700000/-. His building was damaged in fire on 16.05.2007 for which the intimation was given to the insurer on 21.05.2007. The company appointed M/s Consolidated Surveyor (P) Ltd. as surveyor to survey and assess the loss. The insurer, however, repudiated the claim vide letter dt. 11.01.2008.
Findings: The insurer clarified the position by stating that the building was insured as a residential building. However, it was being used as a police station by renting out to the police. No such intimation was given while renewing the policy. On a query, whether change of use was intimated to the company, the complainant replied in the affirmative and showed a copy of the letter written by him to the insurer in 1994 and reply of the insurer to that letter. Since the complainant has already intimated the fact about forcible occupation of the building by the police, there was no concealment of material fact. Insurer stated that while the letter intimating forced occupation was given, there was no intimation given after 17.04.1995 when the building was put on a rent and monthly rent of Rs. 1990 was received by the complainant.
Decision: Held that the contention of the insurer that change of use of residential building after 1995 was not intimated as in order. The claim is not payable. The complaint was dismissed.
