NCDRC

NCDRC

RP/277/2013

KRISHAN KUMAR - Complainant(s)

Versus

RELIANCE GENERAL INSURANCE COMPANY - Opp.Party(s)

MR. REEPAK KANSAL

11 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 277 OF 2013
 
(Against the Order dated 27/09/2012 in Appeal No. 1262/2011 of the State Commission Haryana)
1. KRISHAN KUMAR
S/O JAI CHAND, R/O HARSANA KALAN, TEHSIL
SOENPAT
HARYANA
...........Petitioner(s)
Versus 
1. RELIANCE GENERAL INSURANCE COMPANY
THROUGH MANAGER, SCO NO-135-137,SECTOR-9,
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :MR. REEPAK KANSAL
For the Respondent :NEMO

Dated : 11 Feb 2013
ORDER

This revision petition is directed against the order of the State Consumer Disputes Redressal Commission, Haryana dated 27.09.2012 whereby the State Commission allowed the appeal of the insurance company against the order of the District Forum and set aside its order directing the insurance company to pay Rs.8,43,299/- to the complainant along with interest @ 9% per annum from the date of claim and also to pay compensation of Rs.5,000/- to the complainant for deficient services and unnecessary harassment besides litigation expenses of Rs.5,000/-. 2. Briefly stated facts relevant for the disposal of this revision petition are that the complainant got insured his vehicle no.HR-69H-6180, namely, Glaxy Truck with the Reliance General Insurance Company, the respondent herein. During the subsistence of the insurance, the vehicle got stolen on 28.02.2009. The complainant lodged the report of theft with the police on 28.02.2009 and insurance company was also informed about the theft on the same date along with claim intimation. The insurance company repudiated the claim on the ground that the complainant had failed to intimate the theft immediately despite of clause to this effect in the insurance policy. Feeling aggrieved by repudiation of claim, the complainant filed the complaint before the District Forum claiming deficiency in service on the part of the respondent-insurance company. 3. The District Forum after hearing the parties and on consideration of record, allowed the complaint and directed the insurance company to pay a sum of Rs.8,43,299/- to the complainant along with interest @ 9% p.a. from the date of claim besides compensation of Rs.5,000/- as also the cost of Rs.5,000/- was awarded. 4. The respondent-insurance company being aggrieved by the impugned order filed appeal before the State Commission and the State Commission taking note of the fact that the theft was reported at least one month after it occurred and relying upon the judgment of the Honle Supreme Court in the matter of National Insurance Company Limited vs. Nitin Khandelwal (2008) 11 SCC 256 allowed the appeal and set aside the order of the District Forum. 5. It is against the above order of the State Commission, the complainant has filed the revision petition. 6. Learned counsel for the petitioner submits that the impugned order of the State Commission is not sustainable because the State Commission committed a grave irregularity in not considering the plea of the petitioner that the petitioner was under the wrong impression that the insurance company had taken over forcibly possession of his truck along with one another truck belonging to the petitioner. This plea of the petitioner is nothing but an afterthought because aforesaid plea was not pleaded in the complaint filed before the District Forum nor any rejoinder to the written statement of the respondent-insurance company was filed to take above plea. 7. On perusal of the impugned order, it transpires that the learned State Commission after taking note of the fact, that the information of theft was given to the insurance company after a period of more than one month from the date of theft, concluded that it amounted to violation of terms and conditions of the insurance policy. State Commission thus relying upon the judgment of the Supreme Court in the matter Suraj Mal Ram Niwas Oil Mills (P) Ltd. Vs. United India Insurance Co. Ltd. and Anr, 2011 CTJ 11 (SC) (CP) and the judgment of this Commission in the matter of New India Assurance Company Limited vs. Trilochan Jane accepted the appeal against the order of the District Forum and set aside the impugned order. 8. In view of the above aforesaid approach adopted by the State Commission cannot be faulted. Thus in my view there is no reason to interfere with the impugned order in exercise of revisional jurisdiction. The revision petition is accordingly dismissed with cost of Rs.20,000/- to be deposited by the petitioner with Consumer Welfare Fund of the Ministry within two weeks under intimation to the concerned District Forum. If the petitioner fails to deposit the cost within two weeks, the District Forum shall recover the amount and deposit the Consumer Welfare Fund of the Ministry.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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