CHOLAMANDALAM MS GENERAL INSURANCE CO Vs. RAMBIR

JUDGEMENT

(1.) This revision petition filed under sec. 21 (b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the Haryana State Consumer Dispute Redressal Commission, Panchkula (in short, State Commission') in First Appeal no. 50 of 2016 which was dismissed by order dtd. 9/2/2016. This appeal has been filed against order dtd. 7/9/2015 of the District Consumer Disputes Redressal Forum, Haryana (in short 'District Forum') in Consumer Complaint no. 38 of 2014.

(2.) The brief facts of the case are that Respondent/ complainant had insured his vehicle, a Bolero, registration no. HR 34 C - 4148, with the petitioner company vide Policy no. 3362/00815788/000/00 for a total Insured Declared Value (IDV) of Rs.3,80,000.00 for the period from 14/3/2013 to 13/3/2014. The said vehicle was stolen on the intervening night of 22/23/5/2013, when it was parked by the driver in the village Sidipur, Gautam Budh Nagar, U.P. An FIR was lodged by the driver of Respondent/ complainant at Jarwa police station on 26/5/2013. The petitioner/ insurance company was informed on 10/6/2013 for the first time about the theft, vide claim intimation form no.1257376, after a delay of 17 days. The claim of the complainant/ petitioner was repudiated vide letter dtd. 30/11/2013 on the ground of delayed information to petitioner - insurance company.

(3.) Against the repudiation of the claim, complaint in CC no.38 of 2014 was filed by Respondent before the District Consumer Dispute Redressal Forum, Narnaul on 4/3/2014 The District Forum vide its order dtd. 7/9/2015 held as under :-