SURENDER Vs. NATIONAL INS. CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 18.09.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 233 of 2011 National Insurance Co. Ltd. Vs. Surender by which while allowing appeal, set aside the order of learned District Forum and dismissed complaint.

(2.) Brief facts of the case are that complainant/respondent's Truck HR 46 F 2837 was insured with OP/Respondent w.e.f. 04.10.2007 to 03.10.2008. On 20.5.2008, the truck was stolen and on the very same day, FIR No.81/2008 was lodged by complainant at PS: Sindhawali Ahir, Baghpat. The complainant gave intimation of theft to opposite party on 12.8.2008. Opposite Party repudiated claim on account of violation of condition and in such circumstances, alleging deficiency on the part of OP filed complaint before the District Forum. Learned District Forum after hearing both the parties allowed complaint and directed OP/Respondent to pay Rs. 10,00,000/- along with 9% p.a. interest and further awarded Rs.5,000/- as compensation and Rs.5,000/- as litigation charges. OP filed appeal before the State Commission and learned State Commission vide impugned order allowed appeal and dismissed complaint.

(3.) Heard learned Counsel for the petitioner at admission stage and perused record.