NATIONAL INSURANCE CO LTD Vs. RAM SURAT PASWAN

JUDGEMENT

(1.) The present Appeal, under Section ---51(1) of the Consumer Protection Act, 2019 (for short "the Act") has been filed by the Appellant against the order dated 13.02.2020 of the State Consumer Disputes Redressal Commission, Chhattisgarh (for short "the State Commission") in Complaint No.27 of 2019 whereby the Complaint of the Respondent/Complainant was allowed and the following directions were given:

(2.) The brief facts of the case are that the Complainant had purchased a vehicle no.CG 07 BA/8577 and the same was insured with the Appellant against theft. During the validity of the insurance policy, on the intervening night of 7th and 8th October 2017, the vehicle got stolen from the roadside. An FIR of theft was registered on 09.10.2017 and the Appellant was also immediately informed of the theft and the claim was also filed. The claim of the Respondent was, however, repudiated by the Appellant on the ground that the Complainant was guilty of violation of Clause 5 of the terms and conditions of the policy. Aggrieved, the Respondent/Complainant filed the Complaint before the State Commission.

(3.) The case of the Complainant before the State Commission was that his vehicle when being driven on road developed some fault, probably in the clutch plate and therefore, the vehicle could not be driven further. The vehicle was then parked on the roadside and a search for mechanic was made. However, it was found that the vehicle had been stolen.