ANJANI GUPTA Vs. FUTURE GENERALLY INDIA INSURANCE COMPANY

JUDGEMENT

(1.) The complainant/petitioner owned a car which he had got registered with the respondent. The said car having met with an accident, a claim was lodged by the petitioner/complainant with the insurer. A surveyor was appointed to assess the loss to the complainant and he assessed the said loss at Rs.1,20,338/-. The claim however, was not paid since the petitioner/complainant had wrongfully obtained a No Claim Bonus of 25% from the insurer, whereas in fact he had already taken a claim in the previous year, from another insurer. Being aggrieved from the non-payment of the claim, the complainant approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the insurer primarily on the ground that the complainant had played a fraud upon it by obtaining a No Claim Bonus which was not legally admissible to him, he already having taken a claim in the previous year, in respect of the same vehicle.

(3.) The District Forum, vide its order dated 17.03.2016, allowed the claim and directed the insurer to pay a sum of Rs.4,37,557.75 to the complainant. Being aggrieved from the order passed by the District Forum, the insurer approached the concerned State Commission by way of an appeal. Vide impugned order dated 03.02.2017, the State Commission allowed the appeal and consequently dismissed the complaint. Being aggrieved from the dismissal of the complaint, the petitioner/complainant is before this Commission by way of this revision petition.