MURLIDHAR S/O SHRI RAMCHANDRA JI, R/O NEAR CHOUDHARY PETROL PUMP, HANUMAN BAGH COLONY NAGAUR RAJASTHAN Vs. NATIONAL INSURANCE CO. LTD. & 2 ORS. THROUGH MANAGING DIRECTOR, REG OFFICE:

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 16.11.2011, passed by the Rajasthan State Consumer Disputes Redressal Commission, (hereinafter referred to as the State Commission) in Appeal No. 1459/2009, National Insurance Co. Ltd. & Ors. Vs. Murlidhar , vide which, while allowing the said appeal, the order passed by the District Consumer Disputes Redressal Forum, dated 23.07.2009, in Consumer Complaint No. 101/2009, allowing the complaint filed by the present petitioner, was set aside, and the complaint was ordered to be dismissed.

(2.) The facts of the case are that the petitioner/complainant stated in his consumer complaint that he was a driver by profession and that he purchased a Bolero SLX vehicle, bearing no. CG12D 9909 at Raipur (Chhattisgarh) from Markandey Prasad Chandra on 23.01.2009. The said vehicle was insured with the OP/respondent Insurance Company valid from 12.12.2008 till 21.04.2009. The complainant got the registration of the vehicle transferred in his name on 24.01.2009. Thereafter, he sent a request letter dated 28.01.2009 to the Insurance Company under postal cover UPC, requesting for the transfer of the insurance policy in his name. However, the said vehicle was stolen from his residence on 08.02.2009 midnight. The complainant reported the matter to the Insurance Company on phone as well as by personal visit and supplied documents to them on 06.03.2009 in support of the claim made by him. However, the Company refused to transfer the insurance policy in his name. The Insurance Company wrongly repudiated his claim, following which, he made the consumer complaint in question, seeking directions to the Insurance Company to pay the insurance amount of Rs. 4,82,500.00 with interest @ 12% per annum to the complainant as well as a sum of Rs. 1 lakh as compensation against mental and physical harassment and Rs. 10,000.00 as cost of litigation.

(3.) In the reply filed by the Insurance Company, it was denied that any letter dated 28.01.2009 was given by the complainant for the transfer of the vehicle. The Insurance Company stated that the claim could not be entertained as the vehicle was in the name of the previous owner.