NATIONAL INSURANCE COMPANY LTD Vs. MOHD ISHAQ

JUDGEMENT

(1.) The two revision petitions here are both filed by the National Insurance Company Ltd., which was OP-1 in the complaint filed before the District Forum-I Hyderabad, by the first respondent here, Mohd. Ishaq. The order of the District Forum in CC No.872 of 2008 was challenged before the AP State Consumer Disputes Redressal Commission in two separate appeals, by the Complainant, Mohd. Ishaq and OP-1, National Insurance Company Limited. The impugned order is a common order passed in the two appeals, which have been disposed of by the State Commission in the following terms:-

(2.) The facts of the case relate to an insurance claim for a vehicle under a policy taken by the Complainant. During the period of operation of the policy, the vehicle had met with an accident. The claim of the Complainant under the policy for the repair costs, remained unsettle and hence, the consumer complaint.

(3.) Per contra, the case of the revision petitioner/OP-1 before the District Forum was that it is mandatory on the part of the owner to furnish the particulars of the accident together with all documents like the registration certificate, driving licence etc. and the repair bills. Immediately after receiving the claim of the Complainant, the insurance company had appointed a Surveyor to conduct a spot survey and submit his report. The Surveyor in his report categorically stated that inspite of his personal requests and several reminders the Complainant had failed to submit the above mentioned documents for verification. In the absence of those documents, it is very difficult to know the correct facts and therefore, the OP had not been able to finalize the claim. Thus, according to the averment in the written response of OP-1 before the District Forum, final decision could not be taken due to non-cooperation of the Complainant.