NCDRC

NCDRC

RP/2515/2017

IFFCO TOKIO GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

BHIM SINGH - Opp.Party(s)

M/S. GNR LAW ASSOCIATES

11 Mar 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2515 OF 2017
 
(Against the Order dated 09/05/2017 in Appeal No. 886/2015 of the State Commission Rajasthan)
1. IFFCO TOKIO GENERAL INSURANCE CO. LTD.
THROUGH TUTHORISED SIGNATORY, 8 KATEWA, OPP. GANPATI PLAZA, M.I. ROAD,
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. BHIM SINGH
S/O. SHRI OMPRAKASH, R/O. VILLAGE SHAHJAHANPUR, TEHSIL BEHROR,
DISTRICT-ALWAR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :
Mr. Abhinav Singh, Advocate
For the Respondent :
Mr. Avnish Dave Advocate &
Ms. Vanya Gupta, Advocate authorized by
Ms. Archana Pathak Dave, Advocate

Dated : 11 Mar 2022
ORDER

1.         This petition has been filed under Section 21(b) of the Act 1986 in challenge to the Order dated 09.05.2017 of the State Commission in appeal no. 886 of 2015 arising out of the Order dated 06.05.2015 of the District Commission in complaint no. 489 of 2012.

2.         Heard the learned counsel and perused the record.

3.         The matter relates to repudiation of an insurance claim on the theft of the insured vehicle.

The premium was paid, the policy was valid, the theft was reported to the police, intimation was given to the petitioner insurance company.

The District Commission partly allowed the complaint. The insurance company was ordered to pay to the respondent complainant the assured sum of Rs.4,50,000/- with interest at the rate of 12% per annum along with compensation of Rs. 5,000/- plus Rs.1500/-.

The State Commission dismissed the appeal filed by the insurance company at admission stage, with reasons recorded.

As such this petition has been preferred before this Commission apropos concurrent findings of the two fora below.

4.         On the face of it we do not notice any jurisdictional error or material irregularity in the impugned Order, nor do we notice any miscarriage of justice having been occasioned.

5.         During the course of the arguments, the learned counsel for the insurance company requests for a brief interlude to seek instructions.

After an interlude he submits, on instructions, that the insurance company wishes to unconditionally withdraw its petition.

6.         In the wake of the above submission, made on instructions, the instant revision petition no. 2515 of 2017 is dismissed as withdrawn, without the liberty to file it again before this Commission.    

7.         The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.           

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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