RAM KUMAR MALIK Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant / petitioner owned a truck which he had got insured with the respondent. The said truck allegedly left Delhi loaded with the goods on 21.2.2009. The goods were to be taken to Ambikapur and Raigarh in Chhattisgarh. When the truck did not reach its destination, the petitioner / complainant wrote a letter to SHO, Jahangirpuri, Delhi intimating him that the truck had not reached its destination. The said letter was delivered to the SHO on 01.3.2009. No FIR on the said letter was registered. The complainant / petitioner therefore sent a letter to the concerned DCP on 09.3.2009, expressing his grievance in the matter. The FIR was eventually registered on 01.5.2009 but the name and particulars of the driver were not disclosed in the FIR. The goods being carried in the truck are stated to have later been recovered by the police but the truck could not be recovered.

(2.) The intimation of the theft of the truck was not given to the insurer for almost five months, the same having been given only on 28.7.2009. Vide letter dated 07.3.2011, the insurer intimated the petitioner as under:

(3.) Since the claim was not paid, the petitioner approached the concerned District Forum by way of a consumer complaint filed on 24th Jan., 2015.