Malicious damage to house
Querist :
Anonymous
(Querist) 05 June 2025
This query is : Resolved
My house which was insured but was damaged by a third party, I immediately informed the Insurer Home Insurance under Fire Policy covered Riot, Strike and Malicious Damage or external violent means directly caused to the property insured) , therefore UNDER WHICH CONSUMER PROTECTION LAW can I raise a claim with my OWN INSURER.
Thanks to All
T. Kalaiselvan, Advocate
(Expert) 05 June 2025
If your house property was damaged by some miscreants, did you lodge a criminal complaint against the culprit for this act of causing damage to your property?
A culprit can be booked for damaging your property, such actions can be prosecuted under various sections of the Indian Penal Code (IPC) and other laws.
The specific section(s) depend on the nature and extent of the damage, and the circumstances
surrounding the incident
The "Prevention of Damage to Public Property Act of 1984" criminalizes acts of vandalism against public property, but it can be adapted to private property damage cases as well.
Why do you want to go to consumer commission against the insurance company, did they refuse to entertain your claim?
Then you may first lodge a criminal complaint and on that basis you assess the damages and can make a claim.
Sudhir Kumar, Advocate
(Expert) 11 June 2025
I am afraid that Prevention of Damage to Public Property Act of 1984 may not apply to private property.
The feasibility of moving to Consumer Court of IRDA can be examined on the basis reading your policy document.
