LAWS(NCD)-2004-5-155

ORIENTAL INSURANCE COMPANY LTD Vs. PRADEEP SINGH CHAUHAN

Decided On May 24, 2004
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
PRADEEP SINGH CHAUHAN Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 25.7.1994 passed by District Consumer Forum, Jalaun at Orai in Complaint Case No.176 of 1993. This appeal has been filed under Sec.15 of the Consumer Protection Act (hereinafter called the 'act' ).

(2.) Initially a complaint was filed by the complainant alleging that his scooter detailed in the application was insured with the opposite parties on 5.5.1992 for a period upto 4.5.1993 and the same was lost on 8.5.1992. An F. I. R. was lodged and the claim was lodged as Claim No.423/1992. Inspite of all attempts the scooter could not be recovered and the culprit could not be brought to book. It was claimed that the scooter was insured, the loss was caused during the currency of contract and as such the complainant was entitled for recovery of Rs.18,271/- with damages of Rs.1,000/-.

(3.) In the written statement the appellant while admitting the factum of entering into contract, averred that the scooter in question was to be physically presented for verification, but the same was not done by the complainant and as such for want of physical verification, the terms and conditions of the insurance were not in process. It was further argued that since the reluctance was shown by the complainant for coming for verification, the premium was sent back along with cheque on 11.5.1992. The learned District Forum after perusing the evidence, passed the impugned order.