Heard learned counsel for the appellants.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.       The case of the complainant in nutshell is that the complainant being owner of the vehicle bearing Registration No. OR-06G-5315 has entrusted his vehicle to the driver who has kept the vehicle near the garage. On 7.11.2015 night the driver BiswajitMohanty parked the vehicle in front of the garage of Ramesh Mohapatra and went to his house after locking the door of the truck but on 8.11.2015 which he came,  did not find out the vehicle. Thereafter, FIR was lodged immediately. The matter was informed to the complainant who informed the insurer. Police after investigation submitted final form showing the “fact true but no clue”. The insurer after investigation found that the policy condition has been violated because the driver kept the ignition key insidethe  cabinand repudiated the claim. Finding no other way, the complainant filed the complaint.

4.      OPs filed written version stating that they have deputed surveyor and after due investigation found that the vehicle has been left unsafe due to keeping the ignition key inside the cabin by the driver. So, there is no deficiency in service on the part of the OPs.

5.      After hearing both the parties, the learned District Forum passed the following order:-

“xxxxxxxxx

The complaint petition is allowed on contest against the Opp.Parties. The Opp Parties are directed to pay the IDV value of Rs.5,00,000/- (five lakhs) only of the vehicle to the petitioner with interest @9% per annum from the date of repudiation of the claim till it is actually paid to the complainant. The OPs are further burdened with cost of Rs.10,000/- (Rupees ten thousand) for litigation expenses and compensation for deficiency of service. The compliance of the directions shall be made within a period of one month from the date of receipt of the order.”

6.      Learned counsel for the appellants submitted that the learned District Forum committed error in law by not considering the written version filed by the OPs with proper perspectives. It is clear from the complaint and the submission of the driver that the key was kept inside the cabin. Same fact has also been observed in the impugned order. According to him as per policy condition no.5 the owner of the vehicle has to take sufficient pre-caution to keep the vehicle in safe custody so as to avail the compensation for the theft committed to the vehicle. The learned District Forum discussed the matter but did not arrive the conclusion correctly. Therefore, he submitted to allow the appeal by setting aside the impugned order.

7.      Considered the submission of learned counsel for the  appellants and perused the impugned order including the DFR.

8.      The admitted factis that the vehicle of the complainant was insured with the OPs. During continuation of the policy the vehicle was stolen away. We have gone through the policy in question and other materials on record. It appears from the policy in question that one of the conditions of the policy is to take the precautionary measure by the registered owner of the vehicle to keep the vehicle in safe custody. From the statement of complainant, it is clearly revealed that the driver has kept the ignition key inside the cabin. The statement of the driver of the vehicle before the surveyor shows that he has kept the vehicle by keeping the ignition key inside the vehicle. This statement amply proved that the sufficient measure was not taken by the complainant or by the driver to keep the vehicle in safe custody, thereby it appears that the policy condition no. 5 has been violated. Since the policy condition has been violated, there is reason to believe that the OPs have rightly repudiated the claim. There is no deficiency in service proved by the complainant.

9.      In the result, the impugned order having not discussed all those facts and law is set aside and the appeal stands allowed. No cost.

         DFR be sent back forthwith.

          Statutory amount deposited be refunded to the appellants with interest accrued thereon, if any on proper identification.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.