SUKHJINDER SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Shri. Sukhjinder Singh of District Ropar instituted a complaint for recovery of Rs. 5,940/- alleging that his stereo was stolen from his motor car No. PAH-30 on 8.11.91 while he had parked his motor car on the back of the Neelam Theatre in Sector 17, Chandigarh. The complaint was dismissed by the Consumer Disputes Redressal Forum, Union Territory, Chandigarh on 27.9.95 and aggrieved against it, the present appeal has been attempted.

(2.) The original policy of the motor car was for the period 16.8.91 to 15.8.92 and it was in the sum of Rs. 60,000/-. The motor car stereo was allegedly purchased from M/s. Spainik Electricals on 9.1.91 for Rs. 5,940/-. A bill in this regard has been placed on record. On behalf of the appellant it has been stressed that this bill together with special endorsement No. 00199/ 92 dated 10.0.91 should have been considered sufficient evidence by the District Forum. On the contrary on behalf of the respondent Company it has been pointed out that if the motor car stereo was purchased on 9.1.91 the complainant customer would not have waited for about eight months and kept it unutilised and uninsured till 10.9.91. The delay of eight months in getting the car stereo insured was a sufficient circumstance which rightly led the District Forum not to rely upon it especially when it remained un-corroborated. The learned Counsel for the complainant also pointed that the complainant could not prove bill No. 99 of 9.1.91 or the actual payment made. The plea of the respondent from the very beginning had been that it was sham transaction. The repudiation of the claim of the complainant could not be held arbitrary notwithstanding the fact that an FIR was also lodged on 4th day of the alleged occurrence. The appeal is hereby dismissed.

(3.) Announced. The order be communicated to the parties free of charges. Appeal dismissed. _____________