RAJESH KUMAR Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Rajesh Kumar, the complainant before the District Consumer Disputes Redressal Forum, Jhajjar (District Forum for short), has filed this revision petition assailing the order dated 20th of July, 2011 of the Haryana State Consumer Disputes Redressal Commission, Panchkula (State Commission for short), vide which the State Commission while upsetting the order of the District Forum has dismissed his complaint. Facts in brief are that the insured truck of the petitioner/complainant during the period of validity of the insurance was stolen on 20th of October, 2004, for which FIR No. 1239 was lodged with the Police Station, Nangloi, Delhi on 21st of December, 2004. A claim was also filed with the respondent/opposite party/Insurance Company, which, however, was repudiated as 'no claim' vide their letter dated 23rd of May, 2006.

(2.) Aggrieved with the repudiation of his claim complaint was filed before the District Forum, who, on contest, accepted the complaint and directed the respondent/opposite party/Insurance Company to pay the sum for which the vehicle was insured under the policy along with 9% interest per annum from the date of filing of the complaint till its realization.

(3.) Both sides filed appeal before the State Commission; the petitioner/complainant seeking in addition grant of compensation, interest @ 18% per annum and the respondent/opposite party/Insurance Company praying for the setting aside of the order so passed by the District Forum. The State Commission vide the order impugned has passed a detailed order accepting the plea of the respondent/opposite party/Insurance Company that the story of theft of the vehicle was shrouded with doubt as the petitioner/complainant had failed to lodge a complaint with the police authorities immediately after the theft and has taken more than 2 months 11 days to register an FIR. Similarly, information with regard to the theft was not given to the respondent/opposite party/Insurance Company and the claim was filed belatedly in violation of the terms and conditions of the insurance policy. The State Commission relying on the judgments of the Hon'ble Supreme Court in the cases of United India Insurance Co, Ltd. v. Harchand Rai Chandan Lal, 2004 8 SCC 644 and Suraj Mal Ram Niwas Oil Mills (P) Ltd. v. United India Insurance Co. Ltd. and Another, 2010 8 SLT 375, has held that the petitioner/complainant had grossly violated the terms and conditions of the insurance policy in dealing with the matter, in lodging the FIR as well as giving information to the respondent/opposite party/Insurance Company and, therefore, was not entitled to any compensation as the terms and conditions of the insurance policy have to be construed strictly as per the law laid down by the Hon'ble Supreme Court.