NATIONAL INSURANCE CO LTD Vs. D P JAIN

JUDGEMENT

(1.) IN this case the complainant/respondent purchased a Nokia mobile handset for a sum of Rs. 6,100 on 4. 10. 2004 for his daughter which was carrying free insurance cover for one year. The handset was stolen from the bag of complainant's daughter on 21. 10. 2004. In this regard a report was lodged by the complainant with the police on the same day i. e. 21. 10. 2004. Thereafter, the complainant preferred a claim with the Insurance Company, which repudiated the claim on the ground that there was absence of 'actual or threatened force' as per clause of the terms and condition mentioned in the policy. Hence, the complainant filed a complaint No. 845/2005 before the District Forum-II, Delhi. The District Forum allowed the complaint by its order dated 20. 7. 2006 and directed the insurance to pay the complainant a sum of Rs. 6,100 i. e. the cost of mobile handset, Rs. 1,000 as compensation and Rs. 1,000 as cost of litigation. Being aggrieved against the order of the District Forum, the Insurance Company filed Appeal No. 813/1006 before the State Commission, Delhi. The State Commission by its order dated 9. 11. 2006 dismissed the appeal. Hence, this revision petition. Revision Petition No. 187/2007 :

(2.) THE facts of this case are similar to that of revision petition No. 186/2007. The complainant purchased a Nokia mobile handset on 22. 8. 2004 for a sum of Rs. 17,150 which carries a tempting offer that there would be insurance cover free of charge for one year against theft, etc. Theft of the Nokia mobile handset took place on 6. 3. 2005 by breaking open the door of the car. For that an FIR was also lodged. But, when the claim was lodged with the Insurance Company, the Insurance Company repudiated the claim on the ground that there was absence of "forced and violent entry or exit", as has been incorporated in Exclusion Clause 1b (a) of the insurance cover. Hence, the complainant knocked the doors of the District Consumer Forum by filing Case No. 759 of 2005.

(3.) THAT complaint was allowed by the District Forum by order dated 27. 7. 2006 and the Insurance Company was directed to reimburse the complainant a sum of Rs. 17,150, i. e. the price of the Nokia mobile handset with compensation of Rs. 1,000 and Rs. 1,000 as costs of litigation.