MAHAVIR SINGH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioner/Complainant against the impugned order dated 25.5.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 275 of 2011 United India Insurance Co. Ltd. Vs. Mahavir Singh 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 got his truck No. HR 63A 1524 insured with OP/respondent for a period commencing from 12.4.2006 to 11.4.2007. Vehicle was stolen on 12 -13/5/2006 and FIR was lodged on 2.6.2006 and intimation was also given to OP. Complainant submitted all the documents to OP for processing claim, but claim was not disbursed. Complainant alleging deficiency on the part of OP, filed complaint before District Forum. OP filed written statement and submitted that complainant intimated OP very late, which was in violation of terms and conditions of the policy and further alleged that complainant did not comply with the directions given in many letters; so claim of the complainant was closed as 'no claim' and intimation was given to the complainant vide letter dated 29.8.2007; hence, there was no deficiency and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.11,40,000/ - to the complainant along with 9% p.a. interest and Rs.2500/ - as litigation cost. Appeal filed by OP/respondent was allowed by learned State Commission by impugned order against which, this revision petition has been filed.

(3.) HEARD learned Counsel for the parties and perused record.