G.D. Sharma, J. 1. The complainant namely, Abdul Qayoom Wani who resides in village Magam Baramulla on 12-02-98 made this complaint in the Jammu Wing of the Commission inter alia making allegations that he owned two storeyed residential house which had been built in the year 1991-92 over Khasra no. 1685. On 30-01-97, he insured the house from the OPs under policy no. 1135120/36717 which was valid from 30.01.97 to 29.01.98. The building was insured for a sum of Rs. 7.00 lakhs while the household articles lying therein were insured for a sum of Rs. 2.00 lakhs. During the intervening night of Feb. 25th-26th 1997, all of a sudden, fire broke out in the said building and everything was reduced to ashes. Immediately after the incident i.e. on 26-02-1997 written report was lodged in the Police Station Karuri (annexure B). Consequently claim was raised with the OPs and on 16-05-97, OP No. 1 made an enquiry from the SSP Baramula about the incident who gave his reply vide his no. CONF-INSUR/97-114 dated 10.06.97 stating therein that the house of the complainant had been gutted in fire and the incident was reported under Daily Diary No. 10 dated 26.02.97. The fire was accidental one. The Patwari Halqa in the revenue extract which is Khasra Girdavri has witten that the house had been gutted in fire. The complainant got the loss assessed from Mir Bilal, engineer who assessed the reconstruction cost of the gutted house at Rs. 8,89,632/- Thereafter, the complainant made various representations to the OPs for settling the claim but nothing was done. Finally, notice was served through advocate Mr. R.S. Raju from Jammu which was received by the OPs on 5.12.1997 but even then the claim was not settled. The complainant had his second abode in Narwal Bala locality of Jammu City. For his convenience, he filed the complaint in the Jammu Wing of the Commission but subsequently it has been transferred herein. The reliefs claimed by the complaint are: - (a) Compensation in the amount of Rs. 9.00 lakhs for the loss of the building and the household articles alongwith interest @ 24 % per annum. (b) Compensation in the amount of Rs. 1,20,000/- for mental torture and humiliation. (c) Litigation expenses in the amount of Rs. 30000/- 2. The OPs in the written version have admitted the insurance of the building as well as the household articles. (b) Compensation in the amount of Rs. 1,20,000/- for mental torture and humiliation. (c) Litigation expenses in the amount of Rs. 30000/- 2. The OPs in the written version have admitted the insurance of the building as well as the household articles. Regarding the alleged incident ignorance is pleaded on the basis that OPs neither have any personal knowledge nor received any intimation from the complainant. Because of lack of any knowledge in relation to the incident, no question could ever arise for deputing any investigator for making the preliminary survey or surveyor and loss assessor for assessing the actual loss. That it is a case of fraud and cheating and the complainant has produced with the complaint a copy of false and fabricated estimate prepared from one engineer of his choice. One Farooq Ahmed, insurance agent has been named as the villain of the piece of fraud who is a habitual cheater and on his suggestion and with active connivance the false complaint was filed in Jammu wing of the Commission and this amounts to the abuse of the process of the Commission. The abovesaid Farooq Ahmed had been seen many a times personally watching the proceedings of the case in the Commission. Mr. Farooq Ahmed in the similar circumstances had instigated one Khazir Mohd. Sheikh R/o Kashmir Valley to file a false complaint in the Jammu Wing of the Commission. Prayer is made to dismiss the complaint on the basis of being false and vexatious as well as get the incident investigated from the crime branch. 3. In support of the complaint, the complainant himself has appeared as a witness as well as examined Ghulam Mohi-ud-din Ganai and Ghulam Qadir Sheikh as witnesses. In their depositions, they have stated with one voice that the house of the complainant was gutted in fire. They have also stated that the incident was reported to the police. The OPs have examined Shakeel Ahmed Bhat as a witness who has stated that on the instructions of the OPs, he investigated the claim and visited the spot. He had found the insured building intact and safe as no damage had been caused to it. He had found the complainant's family members residing in the same house. He had made independent inquiries on spot and it was revealed that no incident had taken place during the intervening night of 25th-26th of Feb. 1997. He had found the insured building intact and safe as no damage had been caused to it. He had found the complainant's family members residing in the same house. He had made independent inquiries on spot and it was revealed that no incident had taken place during the intervening night of 25th-26th of Feb. 1997. He had inquired from the local inhabitants and their statements were recorded which are attached with the report. He had approached the concerned police authorities as well as visited the office of the Asstt. Director, Fire Services Sopore to confirm about the incident. The fire services authorities had given the information in writing that in some other incident on 27-02-97, the residential houses of Ghulam Qadir Dar and Abdul Ahmed Dar R/o Magam Handwara were gutted in fire but not the house of the complainant ever got gutted. The police authorities had not responded to his request to give any information. He had produced those written requests as well as reply received thereon on his request from Asstt. Director, Fire Services and are at page 67 and 68 of the record. Vide his letter dated 04-02-99 at page 66 of the record, he had requested the S.P. Baramulla to re-investigate the case as the alleged information received by the complainant with regard to the happening of the incident from his office (dated 10-06-97 and attached with the complaint as annexure C) was not based on facts. The SSP Baramulla did not respond to his letter. 4. Heard the arguments. 5. Mr. N.H. Khuroo, advocate for the complainant has contended that the incident is genuine because on 26-02-97, the incident was recorded in the Daily Diary Register of the Police Post Kareeri under report no. 10. The concerned police made investigation and the record of the daily diary dated dated 26-03-97 attached as annexure B with the complaint reveals that the fire had broken out because of sparking from the hearth. This fact had been corroborated by SSP Baramulla in his letter dated 10-06-97 addressed to Divisional Manager (OP No. 2 herein) copy whereof attached as annexure C at page 60 of the record wherein it is stated that, "the cause of fire is reported accidental and the verification of the report has been closed as accidental". This fact had been corroborated by SSP Baramulla in his letter dated 10-06-97 addressed to Divisional Manager (OP No. 2 herein) copy whereof attached as annexure C at page 60 of the record wherein it is stated that, "the cause of fire is reported accidental and the verification of the report has been closed as accidental". He has assailed the report of OPs witness namely, Shakeel Ahmed Bhat, Surveyor on the ground that the incident had occurred during the intervening night of 25th-26th of Feb. 1997, whereas he visited the spot after about 2 years as his report (at page 63 of the record) is dated 21-04-99 and his belated inspection carries no conviction. In rebuttal, it has been contended by Mr. M.A. Dar advocate that mere mentioning of the fact of accidental fire in the daily diary report as well as in the SSP's letter as has been pleaded by the learned counsel of the complainant would not prove the incident because the police had no carried out any investigation. The police report reveals the fact that the case has been closed. Regarding the delayed investigation of the claim by Mr. Shakeel Ahmed Bhat, he has pleaded that complainant in order to dodge the OPs intentionally had filed the false complaint on 12-02-98 in the Jammu Wing of the Commission. Because of some gap of communication for attending the proceedings in Jammu some delay in making the appointment of surveyor was caused but no fault can be found in the report because it is clearly stated therein that the alleged insured building had not been damaged by any fire, but was existing in its original position on the spot where the family members of the complainant were putting up. He had even recorded the statements of three independent witnesses from the vicinity on the spot named in the report who are categorical in saying that neither the residential house of the complainant nor his fruit shed ever suffered any loss due to fire. Mr. Shakeel Ahmed Bhat was so meticulous in digging out the truth that he had even sought the verification of the daily diary report bearing no. 10 dated 26-02-97 from the Incharge Police Post Kareeri and handed over to him his written request dated 04-02-99 on 11-04-99, but no reply was given to him by the police. Mr. Shakeel Ahmed Bhat was so meticulous in digging out the truth that he had even sought the verification of the daily diary report bearing no. 10 dated 26-02-97 from the Incharge Police Post Kareeri and handed over to him his written request dated 04-02-99 on 11-04-99, but no reply was given to him by the police. Not only that, on 04-02-99 he had written letter to SSP Baramulla for getting the incident re-investigated but no reply of that letter was given to him. That he has obtained the report dated 17-06-98 from the Asstt. Director, Fire Services Sopore which categorically mentions the fact that the house of the complainant was not gutted in fire. He has also assailed the statement of the complainant when in his deposition he has stated that intimation of the incident was given in Boulevard area of the city of Srinagar to the OP through his brother namely, Abdul Majid and this is a false deposition because OP has no office in Boulevard area of the city of Srinagar. Concluding his arguments, he has stated that since the claim was not raised with the OP, so no question of registering any claim could arise and it cannot be said that there was deficiency in service. The fact of the matter is that complainant has come in the Commission with the main object to get himself enriched by raising a false claim regarding the insured house which still exists on spot and has not suffered any damage due to fire. That it is a false and vexatious complaint and the complainant should be penalized to pay the exemplary cost. Investigation may be ordered to find out the culprits who have fabricated the police record wherein it is held that accidental fire had broken out when in fact no fire incident had occurred. 6. We have considered the respective contentions of the counsel appearing for the parties and perused the record. Having regard to the scheme of the J&K Consumers Protection Act (hereinafter to be referred as Act), its object and purpose and the mischief it seeks to guard, it is clear that in case the complainant's attempt to commit fraud had not been unearthed by the honest efforts of Mr. Having regard to the scheme of the J&K Consumers Protection Act (hereinafter to be referred as Act), its object and purpose and the mischief it seeks to guard, it is clear that in case the complainant's attempt to commit fraud had not been unearthed by the honest efforts of Mr. Shakeel Ahmed Bhat, Surveyor who visited the spot and made thorough indepth investigation whereby found the house in question existing on spot wherein complainant's family members were still residing and it had not suffered loss at any point of time, the complainant would have totally reduced the Act as nugatory one. The said surveyor obtained the report from the Asstt. Director, Fire Services who lent him assurance that the house in question never suffered any loss due to fire. The complainant had based the foundations of his edifice of fraud on the Daily Diary entry dated 26-03-97 made by some unscrupulous police official who had confirmed the alleged incident of the intervening night of 25th-26th of February,1997 and stated therein that fire had broken out from the "sparking of hearth fire". The complainant has placed on record the photostat copy of the said daily diary report and attached it as annexure B with the complaint. He has also attached annexure C with the complaint which is a letter dated 10-06-97 written by SSP Baramulla to OP No. 2 wherein on the basis of Daily Diary entries it is stated:- "cause of fire is reported accidental and the verification of the report has been closed as accidental". Mr. Shakeel Ahmed Bhat, surveyor had in his letter dated 04-02-1999 drawn the attention of the SSP Baramulla to get the case of the complainant re-investigated as the police reports already issued were not based on facts. It is noted with dismay and disgust that SSP Baramulla did not respond to the request and did not bother even to give any reply of that letter. It is highly regrettable that holders of public office both big and small have forgotten that offices entrusted to them are sacred trust. Such offices are meant for use and not abuse. It is noted with dismay and disgust that SSP Baramulla did not respond to the request and did not bother even to give any reply of that letter. It is highly regrettable that holders of public office both big and small have forgotten that offices entrusted to them are sacred trust. Such offices are meant for use and not abuse. In the criminal administration of justice, the police has a very important role to play as it has been entrusted with statutory authority to investigate the crimes, and to see that the offenders are brought to book, to protect the society against the commission of crimes and to assist the public in the maintenance of law and order and public order etc. But in the instance case, the fabrication of public record in the form of Daily Diary report dated 26-03-97 (annexure B) which was the sheet anchor to raise the false claim for getting a sum of Rs. 9,00,000/- (Rupees nine lakhs) alongwith interest and other connected reliefs by defrauding the OPs was considered as a trifling act not worth taking any notice. In fact it was an act for the commission of a cognizable offence triable by a court of session. The commission of the crime of such a serious nature by its perpetrators was buried under the carpet. Under the circumstance heavy legal duty was cast upon the concerned SSP to see whether officials of the police department were involved or not in the fabrication of false police record. When the protectors of law themselves become perpetrators of law with immunity what can happen to the society in terms of creating anarchy and mayhem is an unimaginable situation in the form of unfathomable ocean. 7. We appreciate the conduct of the public spirited surveyor namely, Mr. Shakeel Ahmed Bhat who has unearthed this fraud of great magnitude and saved the draining out of public money aimed at Rupees Nine Lakhs alongwith interest, compensation and litigation charges as already spelled out above. This was being done under a deep rooted conspiracy hatched with the active connivance of some black sheep working in the Police Department having all pervading protective umbrella from his/their superior supervising and controlling officer. "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Coke of England about three centuries ago. This was being done under a deep rooted conspiracy hatched with the active connivance of some black sheep working in the Police Department having all pervading protective umbrella from his/their superior supervising and controlling officer. "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Coke of England about three centuries ago. We are constrained to say that more often than not, process of the court is being abused. Property grabbers, tax evaders, bank loan dodgers, fraudulent and unscrupulous consumers from all walks of life find the court process a convenient lever to retain or obtain the illegal gains indefinitely. Equally, we have no hesitation to say that a consumer, whose case is based on falsehood, has no right to approach the consumer fora. He can be summarily thrown out at any stage of the proceeding. This Commission is a court of equity and equity is always known to defend the law from crafty evasions and new subtleties invented to evade law. To prevent perpetuation of legal fraud the courts are obliged to do justice by promotion of good faith, so far it lies within their power. Acting on the said principle, the complaint is found false and vexatious. Hence, invoking our power under section 20 of the Act, we dismiss it with a cost of Rs. 10,000/- (Rupees Ten thousand) to be paid by the complainant to the OPs. Before we part with the record of the case, an impartial investigation of the alleged fabrication of public record with an intention to defraud the OPs is required, so that stream of administering justice remains unpolluted. Hence, a copy of the order be sent to the Director General of Police, J&K State with a direction to carry out fair and honest investigation so that the offenders and their abettors/conspirators are identified and proceeded against in accordance with law. The complaint be consigned to records.