MOHAN LAL YADAV Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 04.10.2016, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short "the State Commission"). By the impugned order, the State Commission has allowed the Appeal preferred by the Oriental Insurance Company Limited (hereinafter referred to as "the Insurance Company") and set aside the order of the District Consumer Disputes Redressal Forum, Jaipur III, Jaipur (in short "the District Forum"), consequently dismissed the Complaint.

(2.) The facts in brief are that the Complainant insured his Truck covering the period from 23.08.2004 to 22.08.2005 for IDV value of Rs.11,51,000/- by paying a premium of Rs.29,915/-. While so, it is averred that the Vehicle was stolen on 29.09.2004 at 10.00 p.m., when the driver parked the vehicle and had gone to attend natures call in the Agricultural field. It was pleaded that the FIR was lodged on the very next day stating that the insured with his helper Santosh Kumar Saini parked the Truck at NH 71, when the culprits speed away with their Truck towards Rewari. It is averred that Mr. Santosh Kumar Saini had lodged the FIR at Police Station Rohdai, District Rewari. It is further pleaded that the claim was lodged immediately with the Insurance Company but there was no response and hence the Complainant approached the District Forum seeking a direction to the Insurance Company to pay an amount of Rs.11,51,000/-, which is the IDV of the vehicle together with compensation of Rs.20,000/- and costs of Rs.5,000/-.

(3.) It is significant to mention that the Insurance Company did not file their Written Version as the District Forum did not accept it as it was not supported by a relevant Vakalatanama. It was also recorded in the order that till 19.03.2012 several opportunities were given to the Insurance Company to file the Written Version but none had appeared. Thereafter on 10.12.2014, an Application was filed by Mr. G.B. Srivastava, Advocate for grant of opportunity to file the Written Version on behalf of the Insurance Company, which was rejected vide order dated 08.04.2015. It is pertinent to mention that this order dated 08.04.2015 was not challenged before the State Commission and the District Forum proceeded on merits and allowed the Complaint in part directing the Insurance Company to pay the Claim of the Complainant with interest @ 12% p.a. from the date of filing of the Complaint till the date of realisation together with compensation and cost of Rs.20,000/-