NEW INDIA ASSURANCE CO. LTD. Vs. MAHA SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.2.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 155 of 2012 The New India Assurance Co. Ltd. Vs. Maha Singh by which, appeal filed by the appellant was dismissed against the order of District Forum allowing complaint.

(2.) Brief facts of the case are that complainant/respondent's tractor HR 21A 6330 was insured by OP/petitioner for a period of one year from 2.5.2002 to 1.5.2003. Complainant sold this tractor to Wazir Singh. On 16.1.2003, tractor was stolen by some unknown person, so, FIR was lodged on 11.2.2003 and intimation was given to OP. Complainant submitted claim before OP, which was repudiated. It was further submitted that Wazir Singh, purchaser of the tractor filed Complaint No. 487 of 2004 before the District Forum which was decided on 2.12.2007 and complaint was dismissed with liberty to the complainant to file fresh complaint. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that as tractor had already been sold by complainant to Wazir Singh on 28.8.2000 and tractor was being used for transportation of stones for commercial purposes and as complainant had no insurable interest in the tractor at the time of theft and as intimation of theft was given to OP on 1.5.2003 by State Bank of Patiala, OP has not committed any deficiency in repudiating the claim and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.1,80,000/- along with interest and further awarded Rs.2,200/- as litigation charges. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

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