DEVENDER SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision is directed against the order of the State Consumer Disputes Redressal Commission, Haryana (for short, 'the State Commission') dated 8.11.2012 whereby the State Commission accepted the appeal preferred by the opposite party/Insurance Company against the order of the District Forum and set aside the said order holding that the complaint was barred by limitation.

(2.) Briefly put, facts relevant for the disposal of this revision petition are that the complainant's truck No. HR 69-7163 was insured with the respondent/opposite party. The said truck was stolen on 3.5.2008 and FIR in this regard was registered at police station Jhajhar vide FIR No.288 under Section 379 IPC on 13.6.2008. The complainant lodged his insurance claim with the opposite party but despite of several visits to the office of the opposite party the respondent/opposite party failed to settle the claim. Consequently, the petitioner was compelled to file consumer complaint under Section 12 of the Consumer Protection Act, 1986.

(3.) The respondent/opposite party in its written statement took a preliminary objection that the complaint was pre-mature as the claim of the complainant had not been repudiated. On merits respondent took the plea that theory of the theft of the truck was false and the complainant had obtained untraced report in collusion with the police. It was also claimed that the complainant had failed to intimate the respondent- Company about the theft of vehicle within a reasonable period.