LAKHWINDER SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 22.8.2013 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 775 of 201 The Oriental Ins. Co. Ltd. Vs. Lakhwinder Singh 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 truck PB-07-P-6467 insured from OP/respondent for a period one year from 9.5.2008 to 8.5.2009. In the intervening night of 5/6-11.2008, vehicle was stolen and DDR No. 12 dated 24.11.2008 was registered at PS: Mukerian on the statement of Balwinder Singh. Truck could not be traced and report was submitted on 30.10.2009. Balwinder Singh general attorney holder of petitioner lodged claim with OP and notice was also served, but claim was repudiated by letter dated 29.12.2010. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complainant has no insurable interest and Balwinder Singh did not lodge complaint as attorney. It was further submitted that complainant failed to take reasonable care of the vehicle and he was not found in possession of the pair of ignition and cabin keys of the vehicle and no intimation was given to OP immediately. It was further submitted that earlier complaint filed was withdrawn. OP denied any deficiency and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.7,40,000/- with 9% p.a. interest and further directed to pay Rs.1,000/- as litigation expenses. 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 parties and perused record.