AASIN Vs. RELIANCE GENERAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Present Revision Petition has been filed by the Petitioner/ Complainant against the impugned order dated 09.02.2017, passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (for short, 'State Commission') in First Appeal No.1251 of 2013.

(2.) Brief facts of the case as per Petitioner/Complainant are that he got insured his vehicle, i.e. JCB bearing Registration No. HR-38-N-5379 with the Respondent/Opposite Party and on the night of 15.05.2011, the same was stolen, for which he duly informed the Insurance Company. The Petitioner stated that the Insurance Company repudiated his claim on the ground of delay in lodging the First Information Report with the Police and also there was a delay of 99 days in informing the Insurance Company with regard to theft of the insured vehicle. Hence, the Petitioner filed a Consumer Complaint before the District Forum with the following prayers:_

(3.) The Respondent/Opposite Party filed their written statement admitting therein that the above said vehicle was insured with the Company subject to the terms and conditions of the contract of the insurance company. It was stated that there was a delay of 13 days in lodging the FIR after the theft of the vehicle and that the insurance company received the information of the theft after 99 days. The insurance company further stated that the JCB was a commercial vehicle and the owner did not have the requisite fitness certificate to run the vehicle, which was a breach of the conditions of the policy. The Petitioner did not hand over the second key to the insurance company inspite of demand. It was further stated that the machine was left unattended and as such the Petitioner failed to take reasonable care of the insured machine and the claim was rightly repudiated. Hence, the Respondent prayed for the dismissal of the Complaint.