LAWS(NCD)-2005-9-81

LAJWANTI Vs. NATIONAL INSURANCE CO LTD

Decided On September 26, 2005
LAJWANTI Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) This appeal has been directed by the complainant against order dated 17.12.2004, passed by the District Consumer Disputes Redressal Forum -I, U.T. Chandigarh, vide which her complaint was dismissed.

(2.) BRIEFLY stated the facts are that the Maruti car bearing Registration No. PB -27 -A0489 was insured with the National Insurance Co. Ltd., vide comprehensive policy No. 0575, w.e.f. 26.12.2001 to 25.12.2002, and a premium of Rs. 4,968 was paid in cash vide receipt No. 2727 dated 24.12.2001. Prior to it, it was insured with the United India Insurance Co. Ltd. for a period of 26.12.2000 to 25.12.2001.

(3.) IT was further averred that the appellant informed the National Insurance Company Ltd. about the loss of the vehicle, but no Surveyor was appointed by it to assess the loss. Ultimately, appellant made written request and a Surveyor/loss assessor was deputed to assess the loss. However, the Surveyor obtained signatures of the appellant on blank papers and promised to settle the claim within a few months. Later on, the Insurance Company repudiated her claim on flimsy grounds. Since, the claim had been repudiated on flimsy grounds and theft of the car had taken place, so, it was a clear case of deficiency in service on the part of National Insurance Company Ltd.