17-Year legal battle ends: Consumer court rules in favour of 2005 earthquake victims

After a protracted legal battle spanning 17 years, justice has finally been served to victims of the 2005 earthquake in Baramulla, as the District Consumer Disputes Redressal Commission (DCDRC) ruled in their favor against the National Insurance Company Limited. The landmark judgment, delivered today, mandates the insurance company to pay Rs. 6 lakhs to the […]

by Ajay Jandyal - February 15, 2024, 10:00 am

After a protracted legal battle spanning 17 years, justice has finally been served to victims of the 2005 earthquake in Baramulla, as the District Consumer Disputes Redressal Commission (DCDRC) ruled in their favor against the National Insurance Company Limited.

The landmark judgment, delivered today, mandates the insurance company to pay Rs. 6 lakhs to the complainants, along with 10% interest from the date of filing the complaint, within a span of four weeks. Additionally, the company has been directed to compensate the complainants with Rs. 50 thousand for the mental and physical harassment endured during the litigation process.

The complaint, lodged by residents of Usman Colony, Khawaja Bagh, pertains to damages incurred to their house during the devastating earthquake on October 8, 2005, rendering it uninhabitable. Despite having their property insured for Rs. 13 lakhs against such eventualities with the National Insurance Company Limited, the complainants were left uncompensated due to the company’s failure to fulfill its contractual obligations.

The bench, presided over by President DCDRC Baramulla, Peerzada Qousar Hussain, and Member Judge Nyla Yaseen, found the insurance company guilty of unfair trade practices under Section 12 of the Consumer Protection Act 1985. Consequently, the company has been directed to provide compensation to the complainants within the stipulated timeframe.

This ruling marks a significant victory for the affected residents, highlighting the importance of consumer protection laws in safeguarding the rights and interests of citizens. It underscores the judiciary’s commitment to ensuring accountability and redressal for grievances, particularly in cases of negligence and breach of contractual obligations by service providers.

The culmination of this lengthy legal battle serves as a reminder of the perseverance and resilience of individuals seeking justice, even in the face of daunting challenges.

As the affected families await the fulfillment of the court’s verdict, it brings a glimmer of hope and closure to their prolonged struggle for compensation and restitution.