SHRIRAM GENERAL INSURANCE CO LTD Vs. RANBIR SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 8.7.2014 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 554 of 2014 Shriram General Ins. Co. Ltd. & Anr. Vs.Ranbir Singh by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/respondent was owner of truck No. HR -63A/7849 and got it insured from OP/petitioner for a period of one year from 25.2.2011 to 24.2.2012. On 4.5.2011, truck was snatched by miscreants and FIR was lodged under Section 392 IPC on 5.5.2011 at Police Station. Information was given to OP. OP repudiated claim by letter dated 8.11.2012. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as per FIR, owner of vehicle was Sujeet Kumar, but policy was issued in the name of complainant, though, complainant was having no insurable interest. It was further submitted that FIR was lodged on 5.5.2011 and intimation to Insurance Company was given on 7.5.2011 and no explanation has been given for delay. It was further submitted that there was violation of Condition No. 1 and 5 of the policy and claim was rightly repudiated and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.16,00,000/ - with 9% p.a. interest from 4.5.2011 till realization of payment and further allowed Rs.2,000/ - as cost of litigation. Appeal filed by OP 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.