SOMA PAUL Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the order dated 10.09.2010 passed in F.A. No. 165 of 2010 by West Bengal State Consumer Disputes Redressal Commission, Kolkata.

(2.) The brief facts relevant for the disposal of the revision are that the complainant purchased one second hand Tata Diesel Truck for consideration of Rs. 2,67,000.00 from the Registered owner by a deed of purchase. The transfer was completed on 16.10.1996 and the insurance in respect of the said vehicle for the period from 17.12.1995 to 18.12.1996 was also transferred in favour of the complainant. The truck was on hire with one transporter. During the night of 2nd and 3rd October,1996, the vehicle was hijacked by the miscreants. The complainant lodged FIR to Santipur Police Station on 03.12.1996 under Sec. 394/302/201 IPC. A similar complaint was also lodged at the local Maniktala Police Station on 05.12.1996 at the place of residence of the complainant. Upon investigation the police submitted a final report as the vehicle was not traceable. On 18.1.2000, complainant obtained the certified copy of the final report and submitted her claim with the Insurance Company along with all relevant documents. The said claim was repudiated by the OP/Insurance Company vide letter dated 16.10.2001 on the ground of submission of delayed claim. Hence, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Kolkata Unit II (in short, 'the District Forum).

(3.) The District Forum allowed the complaint by directing the Insurance Company to settle the claim of the complainant after determining the amount payable in terms of the policy on the basis of IDV of the vehicle subject to production of all relevant documents by the complainant in that regard within sixty days form the date of the said order.