JASWINDER KAUR W/O SURENDER SINGH Vs. ICICI LOMBARD GENERAL INSURANCE CO LTD THROUGH ITS MANAGER(LEGAL) QUITE OFFICE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, Jaswinder Kaur against the order dated 29.7.2015 passed by the State Consumer Disputes Redressal Commission, Himachal Pradesh (for short, 'State Commission') in First Appeal No. 04/2015.

(2.) Brief facts of the case are that the petitioner/complainant had insured her vehicle with the respondent and during the currency of the insurance, on 7/8-2-2009 the vehicle was stolen and the police was informed vide D.D. No.4A dated 8.2.2009, though FIR has been lodged on 18.2.2009 The petitioner filed the claim with the insurance company on 2.3.2009 alongwith documents. The claim was ultimately repudiated vide letter dated 24.8.2009 mentioning that the insurance company had not received the relevant documents. Aggrieved with the repudiation letter, the petitioner/complainant filed a consumer complaint no.46/2010 before the District Forum. The complaint was resisted by the OP/insurance company on the ground that all the relevant documents were not submitted alongwith claim form and even on demand. there was huge delay of 22 days which was violation of the terms and conditions of the policy. The District Forum however after considering the evidence and submissions made by both parties, allowed the complaint and ordered the OP/respondent to pay IDV of Rs.9,50,000/- with interest @ 9% p.a. from the date of filing of the complaint till realization alongwith Rs.25,000/- as litigation cost.

(3.) Aggrieved with the order of the District Forum, the OP/respondent preferred First Appeal No.04/2015 before the State Commission which was allowed vide order dated 29.7.2015 and the order of the District Forum was set aside and the complaint dismissed.