JATINDER SINGH Vs. ORIENTAL INSURANCE CO.

JUDGEMENT

(1.) These revision petitions have been filed by the petitioners against the order dated 8.5.2008 in Misc. Application No. 566 of 2008 & order dated 14.1.2008 in FA No. 117 of 2001 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') by which, review petition was dismissed and appeal filed against order of District Forum was dismissed.

(2.) Brief facts of the case are that Complainant/Petitioner's Tata Sumo HR 01E 1445 was insured by OP/respondent for a period of one year from 2.7.1998 to 1.7.1999. Vehicle was forcibly taken away by two persons from the possession of driver Darshan Singh on 15.2.1999. It was further submitted that complainant's real brother Sarup Singh living at Aligarh required complainant's vehicle for his personal use and while on the way driver took three persons in the Tata Sumo who snatched away the vehicle. Darshan Singh lodged FIR on the same day, but vehicle could not be traced. Intimation was given to OP through telegram on 28.2.1999 and claim was submitted to OP which was repudiated vide letter dated 6.7.2000. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that vehicle was used for hire whereas it was insured as private vehicle which amounted to violation of terms and conditions of policy and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was dismissed by learned State Commission vide impugned order dated 14.1.2008. Review application was also dismissed vide order dated 8.5.2008 against which these revision petitions have been filed along with application for condonation of delay.

(3.) By order dated 15.12.2014, R.P. No. 3543 of 2008 was cancelled as two Revision Petitions have been filed against the same order.