RAJESH KUMAR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) SANJAY Pruthi of M/s Jyoti Enterprises, G. T. Road, Miller Ganj, Ludhiana respondent No.3 was the owner of Maruti Car bearing registration certificate No.PB -10 -U -2505. It was purchased by the appellant on 24.6.1998 from respondent No.3 for a sum of Rs.1,50,000. However the ownership was not yet transferred in the name of the appellant. The appellant got the said car insured from National Insurance Company Ltd., respondents No.1 and 2 but the insurance policy was issued in the name of respondent No.3.

(2.) IT was further pleaded that this car was stolen near Brindaban Hostel on the night intervening 23.5.1999 and 24.5.1999 for which the appellant got registered a criminal case under Section 379 IPC on 24.5.1999 in Police Station Division No.6, Jalandhar. The information was also given to the insurance company respondent No.1. The car was not traced nor the insurance claim was paid by respondent No.1. Hence the complaint.

(3.) RESPONDENTS No.1 and 2 filed the written reply. It was pleaded that the Maruti Car bearing registration certificate No.PB -10 -U -2505 was owned by M/s Jyoti Enterprises and it was insured with respondents No.1 and 2 for the period from 20.8.1998 to 19.8.1999. Neither the car was owned by the appellant nor the insurance policy was in the name of the appellant. Therefore the appellant had no insurable interest in the car. It was also pleaded that the alleged theft had taken place on the night intervening 23.5.1999 and 24.5.1999 but the complaint was filed by the appellant in the District Consumer Disputes Redressal Forum, Jalandhar (in short District Forum ) on 23.9.2003 i.e. much after the expiry of the limitation period. Moreover the appellant had failed to supply the documents demanded from him vide letter dated 3.3.2000 and the last date for furnishing the documents by the appellant to respondents was 24.3.2000 which he had failed. From this angle also the complaint was barred by limitation. Hence, it was prayed that the complaint be dismissed.