NATIONAL INSURANCE CO. LTD. Vs. SURESH KUMAR

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Delhi dated 28.05.2013 in First Appeal No. 683 of 2009 whereby the State Commission allowed the appeal preferred by the respondent complainant against the dismissal of his complaint No. 410 of 2008 and directed the petitioner insurance company to pay a sum of Rs. 3,50,000/- to the complainant against his insurance claim within 30 days failing which it was directed that petitioner shall pay interest @ 10% p.a. from the date of receipt of the impugned order till the realisation of amount.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that in the first round, the respondent filed a consumer complaint in the District Forum alleging that he got his truck bearing No.HR-62-0445 insured with the petitioner opposite party with IDV Rs.3,50,000/-. The period of insurance was from 02.09.2003 to 01.09.2004. The vehicle was stolen on 14.11.2003. The theft was reported to the police vide FIR No. 757 of 2003 dated 19.11.2003. It was alleged by the complainant that he filed an insurance claim but the petitioner opposite party failed to settle the claim despite of the complainant having met the officers of the opposite party on several occasions.

(3.) The complaint was resisted by the opposite party mainly on the plank that there was no cause of action to file consumer complaint because no insurance claim was filed by the opposite party.