BISHRAM Vs. IFFCO TOKIO GENERAL INSURANCE CO.LTD

JUDGEMENT

(1.) This Revision Petition No.910 of 2013 was filed under Sec. 21 (1) (b) of the Consumer Protection Act, 1986 on 8/3/2013 challenging the impugned order of the Haryana State Consumer Disputes Redressal Commission, Panchkula ('State Commission') dtd. 19/9/2012. Vide this order, the learned State Commission allowed Appeal No.1054 of 2011. The said Appeal was filed against the order of the learned District Consumer Disputes Redressal Forum, Palwal ('District Forum') dtd. 22/6/2011. Vide this order, the District Forum, had directed the Respondents/OPs to reimburse the Complainant with the insured amount for the loss of insured vehicle with 8% interest from the date of this complaint within 30 days from the receipt of copy of this order failing which the amount shall carry interest @ 12% p.a. from the date of letter of repudiation dtd. 19/7/2010. OP is further directed to pay Rs.200.00 to the complainant imposed upon OP vide order dtd. 29/3/2011 but not paid.

(2.) As per the report form the Registry, there was a delay of 30 days in filing the Revision Petition. Vide order dtd. 20/3/2013, the said delay was condoned.

(3.) The facts, in brief as per the Petitioner/Complainant, are that the Complainant insured his Truck No. HR 50E 2364 for the period from 2/7/2009 to 1/7/2010. The driver and the conductor of the truck on 22/7/2009 parked the truck near Guru Nanak Hospital, Palwal and went to sleep at some distance. The truck was stolen by some unknown person in the night. FIR was registered with P.S. Camp, Palwal and intimation of theft was also given to the insurance company. A surveyor was appointed, who submitted his report. The insurance company, however, repudiated the claim. Being aggrieved of the repudiation of the claim, the petitioner preferred a Consumer Complaint before the District Forum, Palwal.