DHARAMENDER Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission [in short, "NCDRC"] on 1/7/2015, whereby the Revision Petition filed by the respondent- Insurance Company was allowed and the claim of compensation on account of theft of vehicle was set aside on the ground that the delay of 78 days in not informing the Insurance Company of the theft is fatal.

(3.) The appellant had purchased a Mahindra and Mahindra Major Jeep CL-500 bearing Registration No. HR-19C0414, at the cost of Rs.3,40,000.00 on 14/3/2010. The said vehicle was financed by Mahindra & Mahindra Financial Services Ltd. The insurance cover was issued by the respondent, which was valid from 14/3/2010 till 13/3/2011. However, on the intervening night of 24/25/4.2010, the vehicle was stolen outside the office of a liquor shop, in which the appellant was a partner. An attempt was made to trace the vehicle but an FIR was lodged on 1/5/2010 i.e. after 7 days of the incident. According to the complainant, he informed the Insurance Company about the theft of vehicle on phone, but the written complaint was made on 12/7/2010. It may be noted that the police had filed untraced report of the vehicle, which was accepted by the Judicial Magistrate, First Class, Charkhi Dadri, Bhiwani on 14/5/2011.