RAKESH SAKSENA,J. - (1.)APPELLANT / complainant has filed this appeal against the order dated 5 -7 -2012 passed by District Forum, Gwalior in CC No.85/2012 whereby his complaint has been dismissed.
(2.)IN short, the facts of the case are that a motor cycle of appellant bearing registration No.07 MD 5848 was insured with the respondents / opposite parties for the period from 24.3.2010 to 23.3.2011. It is alleged that the said motor cycle was stolen on 20 -3 -2011 when it was parked near Jal Vihar. According to complainant he lodged a written report with the police on 20 -11 -2011 (20 -3 -2011). He also gave information to Insurance Company in writing on 21 -3 -2011. Court accepted the final report on 19 -11 -2011. When complainant claimed the insurance amount, his claim was repudiated on the ground of delayed informations furnished to police as well as to Insurance Company. Being aggrieved, complainant approached to Forum for redressal of his grievance.
(3.)IN reply, the respondent / Insurance Company pleaded that the first information report of the alleged theft was lodged after about 69 days and similarly the written information to Company was furnished after about 8 months and 5 days. Since complainant committed breach of policy conditions, the claim filed by complainant was rightly repudiated.
On the basis of the evidence and material on record the Forum found that the first information report and the information to the Insurance Company about alleged theft were made after inordinate delay, in contravention to the policy conditions, therefore, the respondent / Insurance Company committed no deficiency in service. Accordingly, Forum dismissed the complaint.