SUBHASH AGRAWAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal arises out of the order dated 12.7.2005 passed by the District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as District Forum for short) in Complaint Case No. 15/2005 whereby the complaint dismissed.

(2.) BRIEF facts necessary for disposal of this appeal are that the Hero Honda Motor Cycle bearing No. M.P. 23 -MD -8983, in the name of the complainant was insured with the opposite party/respondent under Package Policy for Zone B Motor Cycle for the period from 14.10.2003 to 13.10.2004. During the aforesaid period the vehicle was stolen on 1.11.2003 from the place near Dr. Surs Clinic near Mandi Gate where the complainants friend Mahendra had parked it and after duly locking the same had gone to take dinner with his friends. Next morning when the said Mahendra went to take the vehicle the same was found missing. Consequently, Mahendra had lodged FIR with the Pandri Police Station and had also intimated the RTO and the S.P. Office. Claim was filed before the insurer but the same was repudiated on flimsy grounds and such conduct on part of the insurer amounted to deficiency in service, hence the complainant had to file complaint before the District Forum.

(3.) THE learned District Forum had dismissed the complaint with liberty to the complainant to approach the Civil Court or to avail of such other remedy as may be available. Aggrieved by the aforesaid order the complainant had preferred this appeal.