(1.) Alongwith present appeal, an application seeking condonation of delay of 126 days has been filed. However, as per office note there is delay of 185 days.
(2.) Appellant filed Consumer Complaint No.34 of 2010 against Respondent/Opposite Party before State Commission on the ground, that a Skoda Car owned by Appellant's Company which was duly insured with respondent, met with road accident on 19.10.2008 and was damaged. A claim was lodged but respondent failed to pay the same. Thus, alleging deficiency complaint was filed.
(3.) In written version filed by respondent it is stated, that claim of appellant is false, fabricated and suffers from too many infirmities. The insurance claim is based on utmost good faith and insured is duty bound to reveal the truth but appellant has failed to do so. There has been mis-representation on the part of appellant and as such complaint is not maintainable.