PRASANTA GHOSH Vs. OFFICER-IN-CHARGE

JUDGEMENT

(1.) THIS appeal has been preferred by the Complainant -Appellant being aggrieved by the judgment passed by the District Forum, Burdwan, on 27.04.2009, in its case no -22/2008, wherein the Forum below has dismissed the complaint petition on contest without any cost. In the memorandum of appeal the Complainant -Appellant has contended the same facts as stated by him in the complaint petition. The brief facts of the case of the Complainant before the Forum below were that -

(2.) HE purchased a motor cycle from the OP -2 on 18.02.2007 for a consideration of Rs.35,429/ - and the same was insured with the OP -1 through the OP -2 on payment of Rs.1,029/ - as premium by the Complainant and accordingly the OP -1 issued a policy on 19.02.2007, the coverage was for the period from 19.02.2007 to 18.02.2008. The said insured vehicle was stolen by some miscreants on 14.03.2007/15.03.2007 from his courtyard by breaking open the main gate of his house. The Complainant lodged FIR on the next day with the police station and accordingly the police case was started. The police submitted the report concluding the fact of theft. The Complainant informed the incident of theft to the OPs over telephone on the next day of its occurrence. The OP -1 assured the Complainant to indemnify the loss shortly. But inspite of repeated requests the OP -1 did not settle the claim and at last on 07.01.2008 through its letter dated 28.12.2007 denied to indemnify the loss. Thereafter finding no other alternative the Complainant filed the complaint before the Forum below praying for direction upon the OP -1 for payment of all benefits under the policy and for other reliefs.

(3.) BEFORE the Forum below the OP -1 took only one plea that the claim of the Complainant has been repudiated on the ground that the vehicle was not having any registration at the material time of theft.