NEW INDIA ASSURANCE CO LTD Vs. SANJIV BANSAL

JUDGEMENT

(1.) This appeal is filed by the New India Assurance Company Ltd. against the order of the State Consumer Disputes Redressal Commission, UT of Chandigarh, in Consumer Complaint No.20 of 2006. The facts as seen from the records of the case, are that the vehicle of the respondent/Complainant, which was registered with the appellant/OP, was stolen on 3.12.2005. After filing an FIR on 4.12.2005, a claim under the insurance policy was made on 29.12.2005. The insurance company appointed an investigator to report on this incident. His report was submitted on 8.2.2006. But even thereafter, when the appellant insurance co. did not settle the claim, a consumer complaint was filed before the State Commission on 18.4.2006.

(2.) The case of the Complainant was that the insurance co. had taken four months and had yet not decided the claim. Due to this delay the Complainant had to per force continue to make payment of EMIs of Rs.45,710/- towards the loan taken for financing the vehicle.

(3.) The State Commission observed that the investigator appointed by the OP/insurance co. submitted his report on 8.2.2006 in which the facts of the case were found to be genuine. But instead of settling the claim on that basis, the insurance co. asked the Complainant to produce the untraced report as accepted by the Court. Appellant/OP failed to produce any rule or regulation before the State Commission, which could have justified their demand for the untraced report with its acceptance by the Court.