NATIONAL INSURANCE COMPANY LIMITED Vs. R K GUPTA

JUDGEMENT

(1.) THIS appeal has been directed by opposite party against order dated 13.9.2002 passed by Consumer Disputes Redressal Forum, Hisar (herein after tobe referred as District Consumer Forum) vide which the complaint of respondent R.K.Gupta was accepted and the appellant was directed to pay a sum of Rs. 54,000 on account of insured amount paid plus Rs.5,000 on account of expenses incurred for transfer of the car and further to pay interest 12%p.a. on the amount of Rs. one lac from 1.4.98 till payment of Rs. one lac and also on amount of Rs. 59,000.

(2.) BRIEFLY stated the facts are that respondent (complainant) Sh. R.K. Gupta was the registered owner of Maruti Car bearing No.DL -5CA/4622 which was got insured from National Insurance Company (appellant) and the policy was valid from 3.11.98 to 29.11.99. However, the said car was stolen on the night intervening 31.12.98 /1.1.99 from outside Daisy Hotel, Red Square Market, Hisar and the matter was reported to the police where FIR No. 12 dated 7.1.1999 under Section 379, IPC was registered. Intimation of theft of the car was also given to the appellant National Insurance Company. The car could not be traced and ultimately the police gave untraced report. All other formalities were completed by the respondent and appellant passed claim of Rs.one lac and did not pay the full amount of Rs. 1,54,000 and Rs. 5,000 incurred on the transfer of the car.

(3.) ALLEGING deficiency in service, complaint was filed.