FAUJA SINGH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This Revision Petition No.669 of 2018 was filed under Sec. 21(b) of the Consumer Protection Act, 1986 challenging the impugned order of the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun ("State Commission') dtd. 21/11/2017. Vide this order, the learned State Commission allowed Appeal No.43 of 2012. The said Appeal was filed against the order of the learned District Consumer Disputes Redressal Forum, Udham Singh Nagar ("District Forum') dtd. 25/2/2012. Vide this order, the District Forum, had allowed the complaint on non-standard basis and directed the Respondents/OPs to reimburse the Complainant with the insured amount for the loss of insured vehicle with 7% interest from the date of filing of the complaint till its realization. The OP Insurance Company is further directed to pay Rs.5,000.00 as compensation for mental harassment and Rs.3,000.00 as costs of the complaint.

(2.) The facts, in brief as per the Petitioners/Complainants, are that the Petitioners insured their tractor (Registration No. UK-06-K-2854) with Respondent, National Insurance Company Ltd from 2/6/2008 to 1/6/2009, paying a premium of Rs.6300.00. The tractor was stolen on 10/11/2008. An FIR was lodged at P.S. Bazpur, and a claim intimation was promptly given to the insurance company.

(3.) On 7/4/2010, the insurer issued a letter to the petitioner stating that the claim might be repudiated because the driver had left the ignition key in the tractor. On 16/7/2010, the insurer formally repudiated the claim on the same ground. Being aggrieved, the Petitioners filed Consumer Complaint No. 82 of 2010 before the District Forum, Udham Singh Nagar, Uttarakhand, alleging deficiency in service on the part of the Respondent Insurance Company.