SIDDHANTH TRADE FINANCE CORPORATION REP. BY ITS PROPRIETOR Vs. DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) The complainant is the appellant. The appeal is challenge to the order of the District Forum-II, Hyderabad in C.D.No.244 of 2005.

(2.) Briefly stated the facts of the case are that the appellant purchased an auto bearing registration No.A.P.11V 7828 under hire purchase scheme and insured the vehicle with the respondents. Theft of vehicle was caused 19.7.2002 subsequently to which the appellant has lodged theft claim for his autoriskshaw. The claim was not settled by the respondent. The owner of the vehicle has subrogated all the rights to the appellant. The appellant had submitted a representation to the respondents seeking payment of the claim amount. The respondent have not settled the claim. On 24.1.2002 the appellant got insured the vehicle with the respondent no.2 by its owner Mohd. Azam Hussain.

(3.) The development officer of the respondents namely, Suresh Kumar had received the premium a sum of Rs.978/- and issued the cover note bearing No.180416 in favour of the owner of the auto. The Development Officer promised the owner that he would get the policy papers believing the said version of the Development Officer, the owner of the vehicle handed over him the papers. For about six months the Development Officer went on making false promises till the month of July 2002. The Development Officer is familiar to the appellant company. On 19.7.2002 the owner of the vehicle parked the auto in the premises of his house at NTR Nagar Hyderabad. The next day he found the auto missing from the place where it was parked. The owner of the auto lodged complaint with the police LB Nagar who issued the FIR in this regard and a copy of which was furnished to the appellant company.