CHOLAMANDALAM MS GENERAL INSURANCE CO. Vs. RAJESH KUMAR

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 ("the Act") against the State Consumer Disputes Redressal Commission, Haryana ("State Commission") order dtd. 11/7/2016 in FA No.141 of 2014 dismissing the Appeal filed by OP against the District Consumer Disputes Redressal Forum, Rohtak ("District Forum") order dtd. 24/11/2014 allowing the Complaint.

(2.) For convenience, the parties are referred to as stated in the original complaint filed before the District Forum.

(3.) Brief facts of the case, as per the Complainant, are that the Complainant purchased a new Hyundai Verna car Registration No. HR-12L-2610 Engine No. 645719 and Chassis No 50176 for which he obtained insurance cover vide policy No.MPC-00172324-000-00 valid from 18/6/2008 to 17/6/2009. On 1/10/2008 the said vehicle was stolen and Complainant reported on phone No. 100 to Police Control Room at 8:35 PM on the same day and, thereafter, registered FIR No.740/2008 dtd. 4/10/2008 at District Rohtak, Haryana and OP was also intimated. The Complainant filed a claim with OP for the loss and the same was repudiated on the ground of delayed intimation to the insurance company vide letter dtd. 15/1/2009. The Complainant caused issue of a legal notice to OP dtd. 26/11/2009. In reply, OP had forwarded the repudiation letter dtd. 14/12/2009. Aggrieved by the repudiation, the Complainant filed a Consumer Complaint before District Forum seeking Rs.7,81,850.00 with interest @ 18% per annum from the date of the theft dtd. 1/10/2008 and Rs.11,000.00 towards litigation and Rs.20,000.00 as compensation.