SHRIRAM GENERAL INSURANCE CO LTD Vs. BALDEV SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Shriram General Insurance Co. Ltd. against the order dated 21st July 2015 passed in First Appeal No. 1459 of 2014 by the Punjab State Consumer Disputes Redressal Commission Chandigarh (in short the 'State Commission').

(2.) Brief facts of the case are that the respondent complainant got insured his Tata safari vehicle bearing registration No. PB 10 CE 0 564 with the petitioner insurance company vide policy No. 10004/31/12/042652 and the insurance was valid from 15th February 2012 to 14th February 2013. The complainant's vehicle met with an accident while being driven by the driver due to burst of tyre and vehicle collided with a tree at 2:00 p.m. on 16th May 2012 and vehicle got damaged heavily. It is the case of the petitioner that the insurance company was informed only on 31st May 2012 when the claim form was submitted. The insurance company appointed a surveyor who surveyed the vehicle in the workshop and assessed the net loss of Rs.2,11,329/- vide his report dated 25th July 2012. However, the petitioner Insurance Company vide their letter dated 4th August 2012 repudiated the claim on the ground that there was a delay of 15 days in giving intimation to the petitioner and this was a violation of the terms and conditions of the policy. The respondent complainant submitted his representation to the insurance company and the same was also dismissed by their letter dated 23rd February 2013 on the ground of delayed information to the petitioner company as well as on the ground of misrepresentation. The complainant being aggrieved by the repudiation of the claim filed a consumer complaint No. 272 of 2013 before the District Forum Amritsar (in short the District Forum).The complaint was resisted by the petitioner insurance company by filing the written statement and reiterating the same grounds as mentioned in the repudiation letter. After consideration of the matter, the District Forum vide their order dated 10th September 2014 dismissed the complaint. Aggrieved by the dismissal of the complaint, the complainant preferred an appeal before the State Commission being appeal No. 1459 of 2014. The State Commission vide their order dated 29th April 2015 proceeded ex-parte against the petitioner insurance company on the basis of section 28 of the Consumer Protection Act 1986 when neither the notice nor the AD card was received back within 30 days from the date of dispatch of the notice. Finally the State Commission allowed the appeal of the complainant vide its order dated 21st July 2015 and directed the insurance company to pay the amount of Rs.2,11,329 along with interest at the rate 12% per annum from the date of lodging the claim i.e. from 26th May 2012 till the date of payment to the complainant along with cost of Rs.5,000.

(3.) Hence the present revision petition.