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.

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Quick Summary

If your home has been maliciously damaged by a third party, you should inform your insurer immediately, especially if your policy covers riot and malicious damage. While criminal charges can be pursued against the culprits under laws like the Indian Penal Code, your primary recourse for compensation is through your own home insurance policy. It's advisable to check your policy documents and potentially consult with your insurer regarding the claims process before exploring consumer protection avenues.

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.

Querist : Anonymous (Querist) 03 October 2025
Apologies to learned members in responding late because of travel out side country

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