NCDRC

NCDRC

RP/509/2012

RELIANCE GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

NARESH KUMAR - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

09 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 509 OF 2012
 
(Against the Order dated 02/09/2011 in Appeal No. 1812/2010 of the State Commission Haryana)
1. RELIANCE GENERAL INSURANCE CO. LTD.
Zonal Office, 60 Okhla Industrial Area, Phase-III
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. NARESH KUMAR
S/o Shri Badri Prasad, R/o H.No-291 Village Khandasa, tehsil
Gurgaon
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.K.L.Nandwani, Advocate
For the Respondent :
Ms.Richa Srivastava, Advocate

Dated : 09 Jul 2012
ORDER

Respondent/Complainant got his vehicle insured from the petitioner/opp.party on the basis of cover note issued by IFFCO TOKIO General Insurance Co. Ltd.  Vehicle met with an accident.  Claim lodged by the respondent was repudiated by the petitioner on the ground that the policy was issued fraudulently on the basis of fake cover note.

        District Forum allowed the complaint and directed the petitioner to pay the insured amount of Rs.2,30,000/- with interest @ 9% from the date of filing of the complaint till realization.  Rs.10,000/- were awarded by way of compensation and Rs.5,000/- as costs.

        Appeal filed by the petitioner has been dismissed by the State Commission by passing the following order :

“It is admitted case between the parties that Complainant got insured his Tata Safari bearing registration No.HR-26T-0733, Model 2003 with the OP for Rs.2,30,000/- for one year ending 4.2.2010 vie cover note No.108000981141 dated 5.2.2009 and paid rs.10,206/- as premium.  Unfortunately, the said vehicle met with an accident on 11.2.2009 and totally damaged.  The claim submitted by the Complainant seeking insurable benefits in respect of the said vehicle was repudiated by the company on the ground that Complainant had fraudulently obtained the policy from the OP against the vehicle registration No.HR-26-T-0733.  While disposing of the present complaint the learned District Forum has observed that plea taken by the company is not legal for declining the genuine claim of the Complainant.  As such we have no reason to differ with the view taken by the District Forum.”

 

        Perusal of the order would show that the State Commission has dismissed the appeal by simply endorsing the finding recorded by the District Forum.  State Commission has neither recorded submissions made by the parties nor the reasons in support of the conclusions arrived at.  Order of the State Commission is a non-speaking order.

        State Commission, being the first court of appeal is the final court of fact and law.  It is required to record reasons in support of the conclusions arrived at.  Since the order passed by the State Commission is a non-speaking order, the same cannot be sustained and is accordingly set aside.

        Parties, through counsel, are directed to appear before the State Commission on 13.8.2012.

        Let the amount deposited by the petitioner be kept in a fixed deposit till the disposal of the appeal.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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