SATBIR SINGH Vs. RELIANCE GENERAL INSURANCE COMPANY THROUGH ITS BRANCH MANAGER
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Reliance General Insurance Company Through Its Branch Manager
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K.S.CHAUDHARI,PRESIDING MEMBER -
(1.) THIS revision petition has been
filed by the petitioner/complainant against the order dated 24.08.2012
passed by the Haryana State Consumer Disputes Redressal Commission,
Panchkula (in short, ˜the State Commission) in Appeal No. 796/12 -
Satbir v. Reliance General Ins. Co. & Anr. by which, while dismissing
appeal of the complainant, order of District forum allowing complaint was
also set aside.
(2.) BRIEF facts of the case are that Complainant/petitioner got his Bolero HR -39 -A -9361 insured from OP/respondent for a period of one year
from 8.5.2009 to 7.5.2010. On 1.11.2009, vehicle was snatched by some
culprits and FIR was lodged and intimation was also given to OP. Claim
was submitted to OP, but claim was repudiated by letter dated 2 8.5.2010.
Alleging deficiency on the part of OP, complainant filed complaint before
District Forum. OP/respondent resisted complaint and submitted that
vehicle was insured as private car but was used for hire and reward at
the time of accident and was constantly being used for commercial
purposes. Claim was rightly repudiated and prayed for dismissal of
complaint. Learned District Forum after hearing both the parties allowed
complaint on non -standard basis and directed OP to pay Rs. 3,07,500/ -
along with 7% p.a. interest Petitioner filed appeal before learned State
Commission for enhancement of compensation and learned State Commission
vide impugned order while dismissing appeal set aside order of District
Forum and dismissed complaint against which this revision petition has
(3.) HEARD learned Counsel for the parties and perused record.
Learned Counsel for the petitioner submitted that learned State Commission has committed error in dismissing complaint on the appeal
filed by the complainant for enhancement of compensation even without any
cross appeal from respondent; hence, revision petition be allowed and
impugned order be set aside. On the other hand, learned Counsel for the
respondent submitted that State Commission had power to dismiss complaint
even without cross appeal and order passed by State Commission is in
accordance with law; hence, revision petition be dismissed.;
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