SHRIRAM GENERAL INSURANCE CO. LTD. Vs. RAMCHARAN DHOBI

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 16.01.2015, passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (hereinafter referred to as 'the State Commission') in First Appeal No.1162/2013.

(2.) Brief facts of the case are that the respondent/complainant got insured a commercial vehicle Bolero Jeep bearing registration no. RJ-34-TA-0649 with the petitioner insurance company vide policy no.106020/31/12/031955 dated 14.12011 for IDV of Rs.5,18,000/- for a period from 14.12011 to 13.1201 The vehicle was taken to Karauli for some personal work on 23.5.2012 and the vehicle was parked near Circuit House at about 5-6 p.m. Suddenly some unknown person took away the vehicle out of reach of the sight of the respondent before his eyes and the respondent tried to stop the vehicle by running behind it. The respondent informed the police regarding theft and an FIR No.251/12 dated 23.05.2012 was got registered at the police station, -1- Kotwali, Karauli on the same very day. The respondent informed the petitioner insurance company on 13.06.2012 regarding alleged theft dated 23.05.2012 for the first time, vide the claim Intimation Slip No.97442 dated 13.06.201 The petitioner company repudiated the claim of the respondent vide its letter dated 16.06.2012 on the ground of delayed information to the petitioner company. The respondent being aggrieved by the repudiation of claim by the Insurance Company, filed a consumer complaint against the petitioner company before the District Consumer Disputes Redressal Forum, Karauli (hereinafter referred to as 'the District Forum') which was registered as Complaint No.13 of 2013. The petitioner company filed a detailed written statement to the complaint of the respondent/complainant. The learned District Forum, vide its final order dated 19.09.2013, allowed the complaint of the respondent/complainant as under :

(3.) Being aggrieved by the order of the District Forum, an appeal was preferred by the petitioner before the State Commission which was registered as Appeal No.1162 of 2013 against the judgment and order dated 19.09.2013 of the District Forum. The Ld. State Commission was pleased to dismiss the First Appeal No.1162 of 2013 in limini vide its order dated 6.01.2014 without going into the merits of the case. The petitioner filed revision petition before this Commission against the order dated 6.1.2014 of the State Commission, which was registered as R.P. No.1187 of 2014, and this Commission was pleased to allow the revision petition vide order dated 16.10.2014 and remanded back the matter to the State Commission, with direction for deciding it fresh. The Ld. State Commission again dismissed the First Appeal No.1162 of 2013 vide impugned judgement and final order dated 16.01.2015.