MUKESH KUMAR SHREYA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 8.10.2012 passed by the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (in short, 'the State Commission') in Appeal No. 61/2012 Mukesh Kumar Shreya Vs. The Oriental Insurance Co. Ltd. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner got his vehicle UBP(A) 0042 (T) insured with OP/respondent for a period of one year from 28.01.2004 to 27.1.2005. On 12.4.2004, vehicle met with an accident and sanked in Gang canal. FIR was lodged. After recovery of vehicle surveyor inspected the vehicle. Surveyor was given an estimate of repairs to the tune of Rs.3,90,423.82, but OP did not settle claim. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complaint was barred by limitation and it was further submitted that as complainant did not supply desired documents to the surveyor, claim was closed and intimation was given vide letter dated 31.3.3006 and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.