CHAMAN LAL S/O RAM DEEN Vs. ORIENTAL INSURANCE COMPANY LIMITED
LAWS(NCD)-2020-2-70
NCDRC
Decided on February 19,2020

CHAMAN LAL Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LIMITED Respondents




JUDGEMENT

Prem Narain, J. - (1.) The present revision has been filed under Section 21 (b) of the Consumer Protection Act, 1986, wherein the petitioner seeks to assail the order dated 18.01.2017 passed by the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as "the State Commission) in First Appeal No.260 of 2013. By way of the impugned order, the appeal preferred against the order dated 21.11.2012 passed by District Consumer Disputes Redressal Forum, Kashmiri Gate, Delhi (hereinafter referred to as "the District Forum") in complaint No. 17 of 2011 has been allowed and the order of the District Forum has been set aside.
(2.) Briefly put, the facts relevant for the disposal of the present revision petition are that the complainant was the registered owner of a vehicle bearing registration No. HR-38-F-6271. The said vehicle was insured with the opposite party vide policy No. 271001/31/2009/4397 valid from 19.02.2009 to 18.02.2010. On 12.10.2009, the said vehicle met with an accident, consequently, the vehicle was badly damaged. FIR was registered and the opposite party was duly informed. A surveyor was deputed by the opposite party. Meanwhile, the complainant had lodged the claim of Rs.1,35,000/- vide claim no. 2010347802, however, the claim was not settled despite repeated requests made by him. Aggrieved, the complainant was constrained to file a consumer complaint before the District Forum.
(3.) Upon service of notice, the opposite parties contested the claim of the complainant on the ground that driving license No. 18031/AG/2005 of Balbeer Singh driving at the time of accident issued by the Licensing Authority, Agra was found to be fake as per verification from RTO Agra and this was violation of terms & conditions of the policy. The District Forum vide order dated 19.11.2012 allowed the complaint and ordered opposite party to pay a sum of Rs.1,35,000 as claimed by the complainant with interest @ 9% p.a. from the date of repudiation of the claim i.e. 24.12.2010 till the realization of the claim along with compensation and cost.;


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