MANNULAL VERMA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 13.9.2002 by District Consumer Disputes Redressal Forum, Raipur, (hereinafter called 'distt. Forum' for short) in Case No.222/2002 dismissing the complaint of the complainant/appellant claiming the sum assured under the policy issued.

(2.) Relevant facts no longer in dispute stated in brief are, that the complainant/appellant owned a motor cycle bearing Registration No. CG-04 A 0587 which was got insured by it with the respondent. The risk was covered from 14.6.2001. The complainant/appellant fell into the trap of an unknown person who duped him and took away the motor cycle on false representation. The report of the incident was lodged by the complainant/appellant on 18.8.2001. However, since the motor cycle could not be recovered and the culprit taking it away could not be traced; hence, the police submitted final report and closed the matter.

(3.) The complainant/appellant laid claim with the respondent/insurance Company for payment of the amount assured. The claim was, however, repudiated by the respondent/insurer on the ground that the loss of motor cycle occurred on account of cheating which according to the insurer was not covered by the terms of the policy.