- (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 29.11.2007 passed by the District Forum, Nainital, partly allowing consumer complaint No. 149 of 2006 and thereby directing the opposite party insurance company to pay a sum of Rs. 11,87,500/ - to the complainants together with interest @9% p.a. w.e.f. 24.12.2005 till the date of actual payment; Rs. 20,000/ - towards damages for mental agony and Rs. 1,500/ - as litigation expenses. The complainants were directed to hand over the documents relating to the ownership of the subject vehicle to theinsurance company within a period of 10 days from the date of the order.
(2.) BRIEFLY stated, the facts of the case are that the complainants are business partners and are registered co -owners of truck No. UA -04C -0604 and the same was insured with the insurance company for the period from 30.05.2005 to 29.05.2006. The said truck was financed by M/s Kotak Mahindra Bank Limited, New Delhi. On 01.07.2005, the said truck was stolen and an FIR to this effect was lodged by the complainant with the P.S. Vilaspur, on which a criminal case was registered and after investigation, the final report was submitted in the court by the investigation officer, which was accepted by the court. On 30.08.2005, the complainants gave intimation to the insurance company and submitted all the relevant papers. The insurance company appointed surveyor, but the claim was not settled. Alleging deficiency in service on the part of the insurance company, the complainants filed the consumer complaint before the District Forum, Nainital.
(3.) THE insurance company filed written statement and pleaded that vide letter dated 18.12.2006, the complainants were asked to supply certain information, which they did not do. It was further pleaded that the name of the driver of the truck has not been mentioned, which creates suspicion. The complainants lodged an FIR on 09.07.2005, wherein it was mentioned that their truck was stolen somewhere between 01.07.2005 to 03.07.2005 from Vilaspur and on the basis of the said FIR, Case Crime No. 919 of 2005 was registered under Section 381 IPC against Sh. Bachan Singh R/o Katra, Jaalawad (Shahaspur). During investigation, the whereabouts of the driver were not found and the final report was submitted by the police. It was also pleaded that the complainants expressed their inability in intimating the residence of the driver and also in submitting the driving licence of the driver. The subject vehicle was purchased on 02.06.2005 from Sonipat after taking financial assistance from M/s Kotak Mahindra Bank Limited and it was mentioned by the complainants that the same was stolen in between 01.07.2005 to 03.07.2005 from the custody of Sh. Bachan Singh and sand was loaded in the truck. The truck was stolen within a period of one month from its purchase. The complainants were also asked to submit the duplicate keys of the vehicle, whereupon they told that only one key of the vehicle was provided to them. It was also submitted that the complainants have not co -operated with the insurance company and have not supplied the desired information. The District Forum, on an appreciation of the facts of the case and the material on record, allowed the consumer complaint vide order dated 29.11.2007 in the above terms. Aggrieved by the said order, the insurance company has filed this appeal.;