HUKAM SINGH Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) This revision is directed against the order of the Haryana State Consumer Disputes Redressal Commission, Panchkula dated 16.7.2012 whereby the State Commission accepted the appeal against the order of the District Consumer Forum, Faridabad and dismissed the complaint.

(2.) Briefly put, facts relevant for the disposal of this revision petition are that the petitioners filed a consumer complaint in District Forum, Faridabad claiming that they had purchased a tractor after taking loan from Gurgaon Gramin Bank, Sikrona Branch, Ballabgarh, District Faridabad. The tractor was insured with the respondent- opposite party for the period from 16.2.2007 to 15.2.2008. The tractor was stolen on 7th September, 2007 regarding which FIR No.278 dated 8.9.2007 was lodged with the police station Sadar, District Palwal. It is claimed by the petitioners that intimation of theft was also given to the Gramin Bank, Sikrona Branch, Ballabhgarh. The insurance claim submitted by the petitioners was repudiated vide letter dated 30th March, 2009 on the ground that there was a violation of terms and conditions of the insurance policy inasmuch as that the theft was not intimated to the insurance company immediately but after five months in the month of February, 2008. Claiming this to be deficiency in service the petitioners filed the consumer complaint.

(3.) Respondent- Opposite Party contested the complaint by filing written statement wherein he justified the repudiation of claim in view of violation of the terms and conditions of the insurance policy.