UNITED INDIA INSURANCE COMPANY LTD Vs. PARUL BALA

JUDGEMENT

(1.) UNITED India Insurance Company Limited, who was the Opposite Party before the District Consumer Disputes Redressal Forum, Haridwar (hereinafter referred to as the District Forum for short), has filed the present Revision Petition.

(2.) THE Revision Petition has been filed against the Order dated 30. 01. 2004 passed by the State Consumer Disputes Redressal Commission, Uttaranchal (hereinafter referred to as the State Commission for short) in Appeal No. 299 of 2002 whereby the State Commission has upheld the Order passed by the District Forum wherein the District Forum had directed the petitioner to pay a sum of Rs. 4,97,600/-, treating the loss of the vehicle to be total along with interest @ 12% p. a. from the date of institution of complaint to the date of Order with cost of Rs. 1,000/ -. However, the complainant was directed to handover the salvage of the car, registration and other papers of ownership to the insurance company. Shortly stated, the facts of the case are: -

(3.) COMPLAINANT/respondent purchased a new Cielo car for a sum of Rs. 5,80,000/- from M/s Sardari Lal Oberoi and Company Private Limited, Dehradun. The advance insurance was got done on 29. 10. 1997 on payment of Rs. 6,967/- on the same day. Engine number and chassis number were mentioned in the policy taken on 29. 10. 1997. Delivery of the car was taken on 02. 11. 2002 after completion of paper work, etc. Delivery was not taken on 29th, 30th, 31st of October, 1997 and on 1st of November, 1997, for the reason that one of the days happened to be Saturday on which the respondent did not want to take the delivery of the Order and the other being the Sunday. Two days were taken for completion of the paper work. While going from Haridwar to Delhi, the car met with an accident with a tractor trolley near Khatauli. The car was totally smashed. Respondent lodged F. I. R. with Police Station, Khatauli. As the claim was not settled, the respondent filed the complaint.