TATA AIG GENERAL INSURANCE COMPANY LTD., HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK,NICHOLAS, PIRAMAL TOWER, 9TH FLOOR, GANPATHRAO KADAM MARG, LOWER PAREL, MUMBAI Vs. DARSHAN GIRJABA DEVRE 701 SIDDHI TOWER, BABA SHIMPI ROAD, NEAR LORDS SCHOOL, KALYAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Tata AIG General Insurance Company Ltd. against the order dated 16.10.2014 of the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (hereinafter referred as State Commission) passed in First Appeal No. FA/12/872 .

(2.) Brief facts of the case are that complainant submitted the proposal for insurance of his vehicle telephonically online to OP/petitioner insurance company and premium was paid on 25.10.2008 at 08.30 p.m. The policy was issued with validity from 26.10.2008 to 25.10.2009. The petitioner received an intimation telephonically on 12.11.2008 from father of the insured that the vehicle had met with an accident on 25.10.2008. The FIR was lodged on 27.10.2008. A surveyor was immediately appointed by the insurance company and he submitted his report on 30.11.2008. The surveyor gave his finding that the policy was obtained by stating wrong facts and the accident had occurred prior to the commencing of the insurance policy. Hence, claim was repudiated vide letter dated 31.12.2008.

(3.) The complainant filed a consumer complaint before the District Consumer Disputes Redressal Forum, Thane (hereinafter referred as 'District Forum') which was allowed vide its order dated 27.6.2012 as under: