ORIENTAL INSURANCE COMPANY LIMITED Vs. PRAGATHI CONSTRUCTIONS

JUDGEMENT

(1.) - Oriental Insurance Company Limited, the present petitioner, was the opposite party before the Consumer Disputes Redressal Forum, Bangalore Urban District ( District Forum for short), where the respondent had filed a consumer complaint, alleging deficiency in service on the part of petitioner. The District Forum dismissed the complaint, holding that the complainant had failed to submit the claim form resulting in the closure of the claim and further that issue of legal notice belatedly did not extend the period of limitation and, therefore, on both these counts it found no merit in the complaint.

(2.) Aggrieved with the order of the District Forum, the complainant filed an appeal in the Karnataka State Consumer Disputes Redressal Commission, Bangalore ( State Commission for short), who vide the order impugned allowed the appeal and directed the petitioner/Insurance Company to consider the claim of the complainant on his furnishing the documents relating to the damage caused to the vehicle. Faced with the reversal of the order in its favour, Oriental Insurance Company Limited/opposite party has filed this revision petition.

(3.) Facts of the case are that the insured vehicle of the complainant during the currency of the insurance met with an accident on 9th of July, 1996, resulting in extensive damage. The local police was informed about the accident and the petitioner/Insurance Company was requested to provide the claim form. Allegedly, on the advice of the petitioner/Insurance Company, the complainant got the vehicle repaired in the garage of Arvinda Motors and spent a sum of Rs. 1,95,762. When a claim for reimbursement of the amount was preferred, the petitioner/Insurance Company repudiated the same vide letter dated 8th of April, 1999, stating therein that the complainant had not submitted the claim form and other details till 31st of March, 1998 and for that reason the file was closed. A legal notice thereafter was issued by the complainant, to which there was no response.