LAWS(NCD)-2013-12-5

BALJEET Vs. UNITED INDIA INSURANCE COMPANY LTD

Decided On December 02, 2013
BALJEET Appellant
V/S
UNITED INDIA INSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Haryana dated 21.09.2012, whereby the appeal against the order of the District Forum Hisar was allowed and the complaint filed by the petitioner / complainant was dismissed.

(2.) Briefly put, the facts relevant for the disposal of the revision petition are that Bolero jeep No. HR-20R 1341 owned by the petitioner was insured with the opposite party for Rs.4,70,000/-. The insurance policy was valid from 20.01.2010 to 19.01.2011. On 27.06.2010, the aforesaid vehicle was stolen while parked near H.No. D-64, Sector 56, Noida. The matter was reported to the police on the same day vide FIR registered at PS Noida, Sector 58. Theft was also intimated to the opposite party / insurance company. The insurance claim of the petitioner was repudiated by the opposite party on three counts i.e. (i) the vehicle was parked in the street without any safety; (ii) the intimation of theft was given to the insurance company after a gap of three months; and (iii) that the vehicle was being used for hire whereas it was insured with the opposite party as private use vehicle.

(3.) Feeling aggrieved by the repudiation, the petitioner filed a consumer complaint before the District Forum Hisar.