JAGDISH PARSHAD GUPTA Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS is an appeal by the consumer/complainant against the National Insurance Company (in short 'Insurance Company'), whose complaint was dismissed by the District Forum, Faridkot vide impugned order dated 12.4.2006.

(2.) BRIEF facts are that Jagdish Parshad complainant had purchased a mobile handset Nokia 6600 on 16.9.2004 from the dealer by the name and style of Chirag Communications. The said handset was insured with the Insurance Company, respondent, which was valid for one year. On 20.5.2005 at about 6 p.m., as per the allegations of the complainant, the mobile handset was stolen from his car when allegedly it was parked in his house and was locked. The complainant lodged a complaint with the Police Station, City Kotkapura on 21.5.2005. He was having telephone No. 9814602607 and he informed the service providers about the theft of the handset so that his telephone was not misused by some unscrupulous person. He also informed the Insurance Company regarding the theft of handset on 21.5.2004 through their Divisional Manager, Bathinda. He submitted his claim with the Insurance Company. He was asked by the Insurance Company to complete certain formalities. The complainant sent copy of the DDR along with other documents. Since no FIR was registered and only DDR was recorded, so the question of sending FIR did not arise. The complainant asked for the insured value of Rs. 15,800 as also Rs. 15,000 as compensation. This claim was repudiated on the ground that the handset had .been kept in the car, which was unattended. District Forum agreed with this defence of the respondent and dismissed the complaint. Hence present appeal.

(3.) THE terms and conditions of the insurance in case of theft are as follows: