LAWS(NCD)-2015-12-88

NARENDER SINGH Vs. UNITED INDIA INSURANCE CO LTD

Decided On December 01, 2015
NARENDER SINGH Appellant
V/S
UNITED INDIA INSURANCE CO LTD Respondents

JUDGEMENT

(1.) In this Revision Petition filed U/s 21 (b) of the Consumer Protection Act, 1986 (for short, 'Act'), Petitioner / Complainant has challenged impugned order dated 23.04.2015, passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission') in Appeal No. 1631/2014, vide which appeal filed by Respondents / Opposite Parties was allowed.

(2.) Petitioner in his complaint filed before District Forum Disputes Redressal Commission, Bhiwani, (in short, 'District Forum') has alleged, that he is owner of Fiat Car bearing No. HR-26T/4538 which is insured with respondents for the period 31.12.2006 to 29.12.2007. The said vehicle was stolen from Ambala on 25.09.2007. Thereafter, petitioner visited Police Station Sadar, Ambala, for lodging report, but police instead of lodging the report asked the petitioner to search out the vehicle on his own. However, vehicle was not traced out. Thereafter, DD No. 19 dated 08.10.2007 was recorded by the police. On receipt of the final report from the police, petitioner approached respondents for claim of his vehicle and submitted all the requisite documents. However, respondents vide letter dated 25.03.2008, repudiated the claim of the petitioner on the ground, that claim is not maintainable. Therefore, alleging deficiency on the part of respondent, petitioner filed a Consumer Complaint seeking compensation of Rs. 1,80,000/- being the value of insured amount alongwith interest @ 18% p.a. and compensation of Rs. 50,000/- against deficiency in service etc.

(3.) In the written statement, respondents have taken the plea, that police was informed after fourteen days of the incident, whereas respondents were informed on 25.10.2007, that is, 30 days, after the incident. No theft has taken place on 25.09.2007, as alleged by the petitioner. Thus, there is no deficiency on the part of respondents. The claim was rightly repudiated.