KRISHAN SINGH Vs. FUTURE GENERAL INSURANCE CO. LTD., THROUGH ITS MANAGER
LAWS(HRCDRC)-2013-10-12
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 30,2013

KRISHAN SINGH Appellant
VERSUS
Future General Insurance Co. Ltd., Through Its Manager Respondents

JUDGEMENT

REKHA GUPTA,MEMBER - (1.) REVISION petition no. 2717 of 2013 has been filed under section 21 of the Consumer Protection Act, 1986 against the impugned order dated 09.09.2011 in First Appeal no. 1763 of 2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (additional bench) ( ˜the State Commission).
(2.) THE brief facts of the case are that the petitioner/complainant purchased a Splendor Plus Motorcycle bearing registration no. HR 06 S 6031 from one Paramjeet and got the same insured with OPs for Rs.38,000/ - for the period from 09.09.2009 to 08.09.2009, vide policy & certificate no. 2008 -V 2006 1933 - FTW and cover note no. A 0846506. When the petitioner parked the above said motorcycle under the flyover, Assandh Road, Panipat after locking it on 28.11.2008, the same was stolen by some unknown person. The petitioner informed the policy of PS City Panipat in this regard immediately but the police registered the case on 03.12.2008. The petitioner also informed the respondents/ opposite parties regarding the theft of the motorcycle on the same day and complete the requisite formalities including submission of untraceable report dated 10.04.2009 but the respondents have not settled his claim so far despite repeated requests.
(3.) RESPONDENT no. 2 / OP 2 repudiated the claim on the ground of non -insurable interest of Paramjeet Singh who was insured of OP 2 and had already sold the vehicle to the petitioner/complainant on 05.09.2008 but the policy still existed in the name of insured Paramjeet Singh. Thus the insured had violated the terms and conditions of the policy. Hence, the petitioner was not entitled to any claim. Respondent no. 2/ OP 2 denied any deficiency in service on their part. The District Consumer Disputes Redressal Forum, Panipat ( ˜the District Forum) while allowing the complaint ordered as under: We hereby allow the present complaint with the direction to the OPs to pay Rs.34,000/ - to the complainant with interest at the rate of 9% per annum from the date of filing of this complaint till its realization. Cost of litigation to the sum of Rs.2,200/ - is also allowed to be paid by OPs to the complainant. The order shall be complied with within a period of 30 days from the date of announcement of this order . ;


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