OM PRAKASH Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition is directed against the order of Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short, "State Commission") dated 18.8.2010 in appeal No.2361 of 2007 whereby State Commission partly allowed the appeal preferred by the respondent/insurance company against the order of the District Forum, Meerut and directed the respondent/opposite party to pay a sum of Rs.1,19,968.80 to the petitioner/complainant with 6% interest thereon, within a period of two months from the date of receipt of certified copy of the order. It was observed that interest shall be calculated from the date of institution of the complaint till the date of its actual payment.

(2.) Briefly put facts relevant for the disposal of this revision petition are that the petitioner/complainant insured his Tata Sumo vehicle No.HR-16-C-3803 with the respondent/insurance company with IDV a sum of Rs.3,28,000/-. The insurance was valid from 4.7.2003 to 3.7.2004. It is the case of the petitioner that the said vehicle was stolen from outside the house of Pandit Umesh on the night of 23.1.2004. An FIR was registered with the police and the intimation of theft was also given to the insurance company on 27.1.2004. Insurance claim was filed but it was not accepted. This has led to the filing of consumer complaint.

(3.) Respondent/Opposite party in its written statement took the plea that during the investigation, the police recovered the chassis, frame and whole engine of the insured vehicle.