NATIONAL INSURANCE CO LTD Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS revision petition is filed against the order dated 01.04.2014 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission') whereby the State Commission had dismissed the appeal preferred by the petitioner against the order of the District Consumer Disputes Redressal Forum, Mansa ('the District Forum').

(2.) BRIEFLY stated facts relevant for the disposal of this revision petition are that respondent complainant being aggrieved of repudiation of his insurance claim relating to theft of the insured 10 tyre Tralla no. RJ 20 G 4540 filed the consumer complaint in District Forum Mansa. The opposite party resisted the complaint stating that as per the terms and conditions of the insurance policy, the respondent was required to report the theft immediately to the police and also give information of theft in writing to the insurance company. The complainant failed to comply with the said condition and reported the theft to the police 10 days later on 10.09.2010 and intimated the insurance company with delay of 4 months and 23 days. As such, the insurance claim was rightly repudiated.

(3.) THE District Forum, Mansa on consideration of pleadings of the parties and evidence on record allowed the complaint and directed as under: To pay full amount of Rs.5 lakh along with interest @ 9% per annum from 15.03.2011 onwards till the insurance amount is paid to the complainant; Complainant has been put to unnecessarily mental tension, agony, harassment and inconvenience by repudiating the insurance claim in an arbitrary manner and, therefore, complainant is entitled for a reasonable and adequate amount of compensation, which we in the facts and circumstances of the case assess to the tune of Rs.5,000/ - out of which Rs.3,000/ - be deposited in the Consumer Welfare Fund of this Forum; To pay Rs.2,000/ - as litigation costs.