NATIONAL INSURANCE COMPANY LIMITED Vs. SATYA DEV

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 27.9.2002 passed by the District Consumer Forum, Gurgaon in complaint No. 619/2001 which relates to the insurable benefits sought by the complainant (respondent herein) in respect of the insured Maruti Car bearing registration No. DL -6 -CD -4341.

(2.) UNDISPUTED facts of the present case are that the complainant had got insured his Maruti Car bearing registration No. DL -6 -CD -4341 with the appellant -opposite party vide cover note No. 0728323 with the appellant -opposite party for the period 18.10.1998 to 17.10.1999. Unfortunately, the above said car was stolen on 15.4.1999. F.I.R. No. 121 dated 15.4.1999 was lodged with the Police Station DLF, Gurgaon. The complainant submitted claim to the opposite party but the same was repudiated on the ground that the complainant had not informed the Insurance Company immediately after the vehicle was stolen and rather the intimation was received from M/s. P.K.F. (P) Ltd. the Financier of the car vide letter received on 11.7.2000 and the same was returned by the opposite party vide letter dated 17.7.2000. Forced by these circumstances, the complainant invoked the jurisdiction of the District Consumer Forum seeking direction to the opposite party to pay the claim amount of insurance along with interest @ 18% per annum; compensation of Rs. 10,000 for unfair trade practice, cheating and breach of trust and Rs. 20,000 as compensation on account of general damages, harassment, mental agony and physical suffering besides cost of litigation.

(3.) UPON notice, the opposite party appeared and contested the complaint In the written statement, it justified the repudiation of complainant's claim on the ground stated in the preceding para of this order and prayed for dismissal of the complaint. On appraisal of the pleadings of the parties and evidence brought on record, the District Forum accepted the complaint by granting following relief: