LAWS(NCD)-2013-2-37

BALBIR SINGH Vs. NEW INDIA ASSURANCE CO. LTD

Decided On February 15, 2013
BALBIR SINGH Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 10.09.2012 passed by the Punjab State Consumer Disputes Redressal Commission (for short 'the State Commission) in FA No. 876 2012 vide which the order dated 26.04.2012 passed by District Consumer Disputes Redressal Forum, Gurdaspur, was upheld and the complaint filed by the petitioner before the District Forum was ordered to be dismissed.

(2.) Brief facts of the case are that the petitioner / complainant Balbir Singh filed a complaint against respondent New India Assurance Co. Ltd. and others therein that his tractor bearing registration no. PB-54-C-8026, which was insured with the respondent / opposite party no. 1 was stolen during the currency of the insurance policy. The petitioner / complainant made a report to this effect to the Police Authorities as well as got the matter published in newspaper on 4.4.2011. The required documents were also supplied to the insurance company but they refused to make him payment of the insurance claim. The District Forum found discrepancies in the version of the complainant saying that the claim was shrouded in suspicious circumstances and the complainant had failed to explain the reasons for delay in filing the complaint. The complaint was ordered to be dismissed by the District Forum. The State Commission in the appeal order also observed that the factum of theft having taken place had not been established. The report of the investigator as well as the Police also proved that the complaint was false. The State Commission affirmed the order of the District Forum in the appeal.

(3.) We have heard the arguments of the learned counsel for the petitioner at the admission stage.