KRISHAN SINGH Vs. FUTURE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) Revision petition no. 2717 of 2013 has been filed under section 21 of the Consumer Protection Act, 1986 against the impugned order dated 09.09.2011 in First Appeal no. 1763 of 2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (additional bench) ('the State Commission').

(2.) The brief facts of the case are that the petitioner/complainant purchased a Splendor Plus Motorcycle bearing registration no. HR 06 S 6031 from one Paramjeet and got the same insured with OPs for Rs.38,000/- for the period from 09.09.2009 to 08.09.2009, vide policy & certificate no. 2008-V 2006 1933 FTW and cover note no. A 0846506. When the petitioner parked the above said motorcycle under the flyover, Assandh Road, Panipat after locking it on 28.11.2008, the same was stolen by some unknown person. The petitioner informed the policy of PS City Panipat in this regard immediately but the police registered the case on 03.12.2008. The petitioner also informed the respondents/ opposite parties regarding the theft of the motorcycle on the same day and complete the requisite formalities including submission of untraceable report dated 10.04.2009 but the respondents have not settled his claim so far despite repeated requests.

(3.) Respondent no. 2 / OP 2 repudiated the claim on the ground of non-insurable interest of Paramjeet Singh who was insured of OP 2 and had already sold the vehicle to the petitioner/complainant on 05.09.2008 but the policy still existed in the name of insured Paramjeet Singh. Thus the insured had violated the terms and conditions of the policy. Hence, the petitioner was not entitled to any claim. Respondent no. 2/ OP 2 denied any deficiency in service on their part.