RAMESH CHANDRA MEGHWANSHI Vs. ORIENTAL INS CO LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 22.10.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench No. 2, Jaipur (in short, 'the State Commission') in Appeal No. 1412/2011 The Oriental Ins. Co. Ltd. Vs. Ramesh Chand Meghwanshi by which, while allowing appeal, order of District forum allowing complaint was set aside.

(2.) Brief facts of the case are that Complainant/petitioner got his vehicle RJ 06 UA 1424 insured from OP/respondent for a period of one year from 20.8.2008 to 19.8.2009 for a sum of Rs.7,25,000/-. As vehicle was stolen in the intervening night of 25/26.3.2009, he lodged FIR on 26.3.2009 at P.S. Bundi in which final report was submitted which was accepted by the Court. Complainant submitted claim to OP which was repudiated vide letter dated 3.3.2010. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that as per terms and conditions of policy, information about theft was to be given to OP within 48 hours of the incident, but complainant intimated to OP on 22.5.2009 which deprived OP right of investigation and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.7,25,000/- to complainant. Appeal filed by OP was allowed by learned State Commission vide impugned order against which this revision petition has been filed.

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