NEW INDIA ASSURANCE CO. LTD Vs. ASHOK KUMAR

JUDGEMENT

(1.) This revision is directed against the order of the State Commission, Delhi dated 2.3.2012 whereby the State Commission upheld the order of the District Consumer Forum partly allowing the complaint and directing the petitioner/opposite party to pay to the respondent/complainant a sum of Rs.80,000/- alongwith Rs.10,000/- as compensation for physical and mental harassment and Rs.5,000/- as cost for litigation.

(2.) Briefly stated, facts relevant for the disposal of this revision petition are that on 30th November, 2006 the respondent/complainant purchased Maruti Car No.DL-2C-S-0215 from M/s Gee Cee Exim Pvt. Ltd. for Rs.80,000/-. The car was insured with the petitioner/opposite party by the earlier owner from 26.5.2006 to 25.5.2007. Respondent/complainant got the registration of car transferred in his name on 15th January, 2007. The complainant however failed to inform the insurance company about the aforesaid transfer of vehicle within the requisite period of 14 days and also did not ask for transfer of insurance policy in his name.

(3.) The vehicle was stolen on 12.3.2007. The theft was reported to police control room on 13.3.2007 at 7.15 a.m. The FIR was however registered by the police on 17.3.2007. The intimation regarding theft was given to the insurance company on 30.3.2007. The insurance company appointed a Surveyor, who submitted his survey report on 8.5.2007 stating therein that since the insurance was not transferred in the name of the respondent/complainant, he had no insurable interest in the vehicle. On the basis of the report of Surveyor, petitioner/opposite party repudiated the claim of the respondent/complainant. The complainant therefore filed consumer complaint before the District Forum seeking direction to the opposite party to indemnify him to the tune of Rs.80,000/- against loss of car and also to pay Rs.10,000/- towards damages for physical and mental harassment and Rs.10,000/- for cost of litigation.