NEW INDIA ASSURANCE CO LTD Vs. ANIL SHARMA

JUDGEMENT

(1.) This revision petition no. 2684 of 2010 has been filed by the petitioner - New India Assurance Co. Ltd., against the order dated 27.04.2010 of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal ('the State Commission') in Appeal no. 526 of 2009.

(2.) The brief facts of the case are that the respondent/ complainant purchased a truck on 04.04.2005 and the same was insured vide policy no. 40602/31/05/01/00007473 by the petitioner/ the opposite party for the period from 28.03.2006 to 27.03.2007 for a sum insured of Rs.5,60,000/-. The insured truck caught fire due to short-circuiting on 30.05.2006 while carrying Sponge Iron from Satna to Pratappur. The incident was reported to the concerned Police station Nagode, but due to damaged original papers of the vehicle in the said fire, the Police denied to lodge the report. Thereafter, the complainant brought the photocopy of the original documents and lodged the report on 01.06.2006. The complainant also informed the petitioner. The petitioner vide letter dated 10.04.2007 repudiated the claim of the complainant on the ground of violating the terms and conditions of the policy. Thereafter, when nothing was done by the insurance company regarding the claim, the complainant sent a legal notice dated 17.04.2007 but no response was made. Hence, the complainant filed the complaint before the District Consumer Disputes Redressal Forum, Gwalior (Madhya Pradesh) ('the District Forum') on 23.09.2008 being CC no. 616 of 2008.

(3.) The District Forum vide its order dated 05.02.2009 dismissed the complaint of the complainant on the ground that the complaint was out of time period and thus, it wass not maintainable before the forum.