ASHISH KUMAR WALECHA S/O. SHRI SEVAK RAM WALECHA Vs. MANAGER CHOLAMANDALAM GENERAL INSURANCE COMPANY LTD. & ANR.

JUDGEMENT

(1.) The complainant who is petitioner in RP No.3198 of 2016 and respondent in RP No.1893 of 2016, owned a vehicle which he had got insured with the petitioner in RP No.1893 of 2016 which is respondent in RP No.3198 of 2016. On 20.10.2011, the complainant went to meet a friend residing in a rented house no. D-432, Garba Ground, Samta Colony, Raipur. The key of the vehicle was left in its ignition though he claims that another key of the vehicle was with him. When he returned from the house of his friend after about 30 minutes, the vehicle was found missing. The theft was later reported to the police and intimation was also given to the insurer. The claim lodged by the complainant was however, repudiated vide letter dated 09.07.2012 which to the extent it is relevant, reads as under:

(2.) Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a consumer complaint.

(3.) The complaint was resisted by the insurer primarily on the same ground on which the claim had been repudiated.