UNITED INDIA INSURANCE CO. LTD. Vs. RAHUL KADIAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioners/OPs, United India Insurance Company Ltd. and another against the order dated 21.1.2016 passed in First Appeal No.1116/2015 by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (For short, 'State Commission' ) wherein the appeal filed by the petitioners herein has been dismissed and the order of the District Forum dated 23.11.2015 has been upheld.

(2.) Brief facts of the case are that on 8.9.2010 Shri Rahul Kadian, the complainant/respondent herein, obtained a Private Car Package Policy bearing No.111281/31/10/01/0002786 in respect of his Opel Astra car bearing registration No.HR 25M 9461 for the period from 8.9.2010 to 7.9.2011. The aforesaid vehicle was reported to have been stolen on 4.5.2011 from PGIMS, Rohtak. An FIR No.208 was lodged with the Police Station Civil Lines, Rohtak under Section 379 IPC. It is the case of the petitioner that on 20.5.2011 the complainant gave intimation of theft of insured vehicle to the petitioner/insurance company after 16 days of the reported theft. The petitioner therefore, repudiated the claim of the complainant/respondent for the following reasons:

(3.) On 13.1.2012 the complainant/respondent filed a consumer complaint no.39/2012 before the District Consumer Forum, Rohtak against the repudiation of the claim by the petitioner/insurance company and claimed compensation of Rs.1,00,000/- alongwith interest @ 24% per annum as also an amount of Rs.80,000/- on account of mental agony and physical harassment, economical loss due to non availability of car and further Rs.11,000/- on account of litigation expenses and misc. charges. The said complaint case was contested by the petitioner/insurance company by filing the written statement whereby it justified the repudiation of the claim and denied its liability to pay any compensation to the complainant/respondent. The District Forum, Rohtak vide its order dated 23.11.2015 allowed the complaint filed by the complainant/respondent and directed the petitioner/insurance company to pay the IDV of the vehicle i.e Rs.80,000/- alongwith interest @ 9% p.a. from the date of filing the present complaint till realization and Rs.2,500/- towards litigation expenses within one month from the date of completion of formalities by the complainant for transfer of the vehicle, failing which OP/petitioner insurance company shall be liable to pay interest @ 12% p.a. on the awarded amount from the date of decision. Being aggrieved and dissatisfied by the judgment dated 23.11.2015, the petitioner/insurance company filed an Appeal bearing No. FA No.1116/2015 before the State Commission. The State Commission dismissed the appeal of the petitioner/insurance company vide impugned order dated 21.1.2016 and upheld the order of the District Forum.