B.C. Kandpal, J. (President) - (1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 9.7.2009 passed by the District Forum, Haridwar in consumer complaint No. 345 of 2008. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant to pay the insured amount of the truck amounting to Rs. 7,00,000 to the respondents together with interest (r) 7% p.a. from 24.11.2008 till payment and Rs. 1,500 towards litigation expenses. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainants had got their truck bearing registration No. UA08 -C -9539 insured with the appellant - The Oriental Insurance Company Limited at an IDV of Rs. 7,00,000 for the period from 13.3.2007 to 12.3.2008. On 19.1.2008, the insured truck was parked by the driver of the complainants after getting the same locked opposite to the office of the complainants and near Om Petrol Pump. However, the insured truck was stolen from the said spot in the night intervening 19/20.1.2008. The complainants searched the insured truck, but the same could not be found/traced. The FIR of the incident of theft of the insured vehicle was lodged on 20.1.2008 at 5.45 p.m. with the P.S. Jwalapur. The police investigated the matter and submitted the Final Report in the case, which was accepted by the learned Chief Judicial Magistrate, Haridwar on 25.6.2008. However, the claim lodged by the complainants with the Insurance Company for indemnification of loss suffered by them on account of theft of the insured vehicle, was repudiated by the Insurance Company vide their letter dated 24.11.2008 on the ground that the complainants have violated the terms and conditions of the policy as the vehicle was left unattended for a substantial period of time. Thereafter, alleging deficiency in service on the part of the Insurance Company, the complainants filed a consumer complaint before the District Forum, Haridwar.
(2.) THE Insurance Company filed written statement before the District Forum and pleaded that on claim being lodged, the Investigator was appointed, but the complainants did not cooperate with the Investigator; that on investigation, it was found that the insured truck was parked by the driver on the road outside Om Petrol Pump on 19.1.2008 during day time; that from 17.1.2008 till the night of 19/20.1.2008, the insured truck remained parked unattended on the highway; that as per the terms and conditions of the policy, it was the duty of the complainants to take proper care of the insured truck; that the claim was rightly repudiated per letter dated 24.11.2008 on account of breach of policy condition by the complainants and that there is no deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 9.7.2009 in the above manner. Aggrieved by the said order, the Insurance Company has filed the present appeal.
(3.) NONE appeared on behalf of respondent - complainants. We have heard the learned Counsel for the appellant -Insurance Company and have also perused the record.;