This Appeal, by the Complainant, is directed against order, dated 05.09.2013, passed by the State Consumer Disputes Redressal Commission, Haryana at Panchkula (for short “the State Commission”) in Complaint No.22 of 2013. By the impugned order, the State Commission has dismissed the Complaint filed by the Appellant, questioning the legality -2- of the decision of the Insurance Company, Respondent no.1, in this Appeal, repudiating the claim for indemnification of the loss suffered by him on account of theft of truck on 06.12.2011. The Complaint has been dismissed on the sole ground that the Appellant had failed to establish that he had purchased the truck in question. The State Commission has observed that since the Complainant has failed to prove the purchase and the delivery of the truck, there was no question of fastening any liability on the Insurance Company, for the loss of the truck. We have heard learned Counsel for the parties. Having perused the additional documents placed on record by the Appellant, in particular the Invoice, Sale Certificate in Form 21 and the Delivery Receipt, all dated 14.10.2011, which show that the Appellant had in fact purchased the subject vehicle, we are of the opinion that the impugned order is unsustainable. It is also pertinent to note that the claim preferred by the Appellant was repudiated by the Insurance Company on the ground that there was inordinate delay in lodging the FIR and that the Appellant had allowed the thieves to carry the vehicle without any problem as the driver had left the ignition key in the vehicle and not on the ground of ownership. -4- Additionally, the stand of Insurance Company in the Revision Petition No.1820 of 2014 preferred by it is that notice in the Complaint was not received by it as the same had been sent by ordinary post. For all these reasons, we are of the view that the Appeal deserves to be allowed. Consequently, the Appeal is allowed; the impugned order is set aside and Complaint No.22 of 2013 is restored to the Board of the State Commission for fresh adjudication on merits, after due opportunity of hearing to both the parties. Parties/their Counsel are directed to appear before the State Commission on 30.09.2014. | 
