ORIENTAL INSURANCE CO LTD Vs. ENAMUL HAQUE

JUDGEMENT

(1.) The complainant/respondent purchased a truck from its previous owner Mr. Santosh Sarkar. The truck was purchased by him on 26.07.2013. On that day, the truck was insured in the name of the previous owner Mr. Santosh Sarkar. The vehicle was stolen on 02.08.2013. The intimation of the theft vehicle was given by the complainant to the petitioner company. The claim however, was repudiated vide letter dated 28.12.2015. The said letter, to the extent it is relevant, reads as under:

(2.) Being aggrieved from the repudiation of the claim, the complainant/respondent approached the concerned District Forum by way of a Consumer Complaint. The complaint was resisted by the petitioner primarily on the ground that there was no contract of insurance between the complainant and the petitioner company.

(3.) The District Forum having allowed the complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, the petitioner is before this Commission by way of this Revision Petition.