NEW INDIA ASSURANCE CO. LTD. Vs. USHA KHERA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner New India Assurance Co. Ltd., against the order dated 14.01.2016 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula ('the State Commission') in Remand Appeal no.614 of 2015 in FA no. 1016 of 2012.

(2.) The brief facts of the case are that the respondent got her vehicle insured from the petitioner insurance company and the insurance was valid from 13.02.2004 to 12.02.2005. The IDV of the vehicle was Rs. 6,54,445/-. The said vehicle was stolen on 20/21.08.2004 and FIR was lodged on 21.08.2004, however, the insurance company was not informed at that time. Meanwhile, the complainant and the dealer applied for change of chassis/ engine number in the policy on 27.08.2004 and the same was approved on 27.08.2004. On 08.09.2004, the complainant informed the insurance company in writing. The insurance company repudiated the claim vide its letter dated 19.09.2005 on the ground that the vehicle was not insured on the date of theft as the chassis/ engine number in the policy does not match with the chassis/ engine number of the actual vehicle.

(3.) Aggrieved by the same, a complaint was filed before the District Consumer Disputes Redressal Forum, Panipat ('the District Forum') being Complaint no. 124 of 2005. The District Forum allowed the complaint vide its order dated 17.07.2012 wherein the insurance company was directed to pay the IDV of Rs. 6,54,445/- to the complainant.