SANDEEP KUMAR Vs. AMIT VERMA & ANOTHER

JUDGEMENT

(1.) Appellant has preferred this appeal against the order dated 21.10.2013, of learned District Consumer Disputes Redressal Forum, Solan, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondents, has been dismissed with the finding that the appellant at the time of seeking insurance with the respondents, had not disclosed that under the previous policy, he had taken a claim for damage to the vehicle, which disentitled him to no claim bonus' (NCB) with the result that no claim bonus benefit was given to him by the respondents.

(2.) Undisputed facts are that appellant owned a Tata Indigo Taxi, which he got insured with the respondents, for the period from 05.11.2009 to 04.11.2010. On 01.03.2010, vehicle met with an accident and was extensively damaged. Claim was lodged with the respondents, who repudiated the same (after getting it assessed at Rs.1,15,911/ - from their surveyor) on the ground that at the time of purchase of policy, appellant did not disclose that under the earlier insurance policy, he had claimed insurance money for the damage to the insured vehicle with the result that he got no claim bonus benefit, to which he was not entitled.

(3.) Appellant felt aggrieved by repudiation of his claim and filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking a direction to the respondents to pay money, equivalent to the damage caused to the vehicle and also to pay compensation for wrongful repudiation of claim, besides claiming litigation expenses. Respondents contested the complaint on the same ground, on which the claim had been repudiated.