SURENDRA JITENDRA MAKWANA Vs. S. BALAJI

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by Addl. District Forum, Mumbai Suburban in consumer complaint No. 227/2011 on 17/04/2014, original complainant/appellant has preferred the present appeal. The facts giving rise to this appeal are as under: -

(2.) Respondent/Insurance Company opposed the consumer complaint and denied all adverse allegations. It is admitted that Motorcycle bearing No. MH -03 -AD -2848 was insured with the opponent/Insurance Company for Rs. 29,143/ -. It is also admitted that it was stolen on 25/05/2009. Insurance claim submitted by the complainant/appellant on 20/11/2009 was repudiated. Respondent/Insurance Company has justified the repudiation by submitting that claim was in contravention of terms and conditions of the insurance policy. As per policy term, the insured was required to intimate theft of the vehicle and file claim with the respondent/Insurance Company immediately. The claim filed by the complainant/appellant was delayed by six months. Said claim was not maintainable. There is no deficiency on the part of the respondent/opponent/Insurance Company.

(3.) We have heard at length the appellant/complainant in person and Learned Advocate Mr. D.S. Joshi on behalf of respondent/Insurance Company.