LAKHAN PAL Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the impugned order dated 03.06.2011 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission ') in Appeal No. 1677 of 2009 - United India Ins. Co. Ltd. Vs. Lakhan Pal by which, while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.

(2.) BRIEF facts of the case are that complainant/petitioner 's Truck No. 38/H -5368 was insured by OP/respondent for a period of one year from 28.10.2003 to 27.10.2004. During the subsistence of the insurance policy, the vehicle was stolen on the intervening night of 14/15.3.2004. Complainant lodged FIR NO. 198 dated 21.3.2004 with the concerned police station and intimation was also given to OP. OP repudiated the claim. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted claim. Learned District Forum after hearing both the parties allowed the complaint and directed OP to pay Rs.6,50,000/ - along with interest @ 9% p.a. and Rs.2,200/ - as litigation expenses. OP/respondent filed appeal before the learned State Commission and learned State Commission vide impugned order while accepting the appeal dismissed the complaint against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that petitioner promptly lodged FIR and intimated to the OP/respondent, even then, learned State Commission has committed error in allowing appeal and dismissing complaint; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.