G.D. Sharma, J. 1. Order dated 23.04.2007 passed by the Learned Divisional Forum Jammu (hereinafter referred to as `Forum') has been taken into appeal whereby the respondents were indemnified in the sum of Rs. 3,99,926/- as a total loss suffered by them against the insured interest of the residential house of respondents alongwith interest @ 6% per annum w.e.f June 2003 till the final payment is made. The interest was made payable after three months from the date of submission of the surveyors report. Litigation expenses in the sum of Rs.3000/- were also awarded. The brief facts of the case are that respondents were natives of village Chowgam Tehsil Kulgam and due to spurt in militancy were forced to abandon their residence. Their case is that in their absence during the intervening night of April 19/20, 2002 some miscreants set the insured house on fire and it was raised to ground. The claim was raised but the appellant repudiated it on the ground that the loss to the house was not caused by fire but it had fallen down because of vagaries of weather. The Forum allowed the complaint of the respondents and granted the above stated reliefs in the manner stated above. 2.I The house in question was situated between two other houses belonging to the migrant community and the incident of fire was investigated by Police wherein it was found that the house had not suffered any loss due to fire but it had fallen down because of vagaries of weather. The respondents had challenged the investigation and on the basis of fresh investigation by the police it was found that it was a case of partial damage by fire and partial damage due to vagaries of weather. II. The Learned Forum had committed illegality as it had not allowed the appellant to examine their two independent witnesses regarding the incident who were very material because witness Bashir Ahmad Parray was a Numberdar and witness Gh. Ahmad. Wagay was a Chowkidar of the village. These two witnesses had supported the investigation conducted by investigating agency namely, A.M.S Consultants. III. The rate of interest should have been awarded from December 2004 as the report of AMS Consultants was received at that time. 3. Heard the arguments. 4. Mr. Ahmad. Wagay was a Chowkidar of the village. These two witnesses had supported the investigation conducted by investigating agency namely, A.M.S Consultants. III. The rate of interest should have been awarded from December 2004 as the report of AMS Consultants was received at that time. 3. Heard the arguments. 4. Mr. Vishnu Gupta has reiterated the above stated grounds of the memo of appeal and in support of his contention has cited the case of Dalbil Kaur Dhillon v. Punjab Urban Planning & Dev. Authority 1(2001) CPJ 18 (SC) as well as the case of Oriental Insurance Co. Ltd. v. Munimahesh Patel 2006(7) Supreme 156 5. In rebuttal, Mr. Kaw has submitted that it is a proved case of damage caused by fire. Initially the police had bungled with the investigation but later on at the written request made by Mr. A.M. Watali (Director of AMS Consultants) vide his letter no. RD-ER-04/4676 dated 02.08.2004 to the S.P Kulgam fresh investigation was made and it was found that during the intervening night of April 19/20, 2002 some unknown miscreants had set ablaze the house of the respondents as a result whereof the roof and IInd floor of the house was partially damaged. He has further contented that Mr. Manmohan Khushu who visited the spot on 25.08.2002, has clearly mentioned in his report that house had been gutted in fire. From his report, he has cited the following important findings: - "Respondents house was observed as razed to ground with some walls standing. A heap of burnt salvage in the shape of bricks, CGI sheets and timber were observed at the site of occurrence". While concluding his arguments Mr. Kaw has cited the law laid down by Maharashtra State Consumer Disputes Redressal Commission in the case of Mohd. Rafiq Abdul Shakur Kachhi v. Regional Manager, National Insurance Co. Ltd. & Ors. II (1993) CPJ 872. 6. We have considered the submissions made by the learned counsel at the bar and perused the record. While concluding his arguments Mr. Kaw has cited the law laid down by Maharashtra State Consumer Disputes Redressal Commission in the case of Mohd. Rafiq Abdul Shakur Kachhi v. Regional Manager, National Insurance Co. Ltd. & Ors. II (1993) CPJ 872. 6. We have considered the submissions made by the learned counsel at the bar and perused the record. Letter bearing No. RD-ER-04/4676, dated 02-06-2004, addressed by S.P Kulgam to AMS Consultants reveals that on re-investigation conducted by S.H.O Police Station Qazigund it was established that during the intervening night of 19/20 April 2002 some unknown miscreants had set ablaze joint residential house of Makhanlal and Shadilal (respondents herein) due to which the roof and 2nd storey of the house got partially damaged and later on it collapsed due to non-maintenance, seasonal rains and snow fall. Efforts were made to trace out the culprits but all efforts ended in vain. The case was closed as untraced. The surveyor's report as discussed above also supports the police findings. The surveyor has given his further opinion that it was a case of total loss. In the presence of the findings given by statutory authorized persons, the lame plea raised by Mr. Vishnu Gupta advocate that there was denial of natural justice because the Learned Forum had not allowed the Numberdar and Chowkidar of the village to be examined as witnesses pales into insignificance. The other ground raised by him is that interest should have been awarded from the receipt of the report of AMS Consultancy is also of puerile nature as the report submitted by the above stated consultancy is one sided because he had not associated the complainants with him while conducting the investigation. The law cited by Mr. Vishnu Gupta at the bar has no application to the facts and the circumstances of the case and need not to be discussed. In the proceedings before the Consumer Fora mere preponderance of possibility suggests that a fact is said to be proved when the forum either believes that it exists or considers its existence so probable that a prudent man ought, under the circumstances of a particular case, to act upon the supposition that it exists. The Fora created under the Act are not fettered or bound by the technical rules contained in the Evidence Act. The Fora created under the Act are not fettered or bound by the technical rules contained in the Evidence Act. What is required is that they must conduct themselves in accordance with the principles of justice, equity and good conscience. They should follow the procedure laid down under Sec.11 of the Act. Applying the above stated principles to the facts of the present case we hold in no manner of doubt that the genuine claim of the respondents was repudiated by the appellant without any basis. In this view of the matter, we find no merit in this appeal which is dismissed with costs of Rs. 5,000/-.