- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 16th August, 2004 in Complaint No. 344/2002 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'District Forum' for short) directing the appellant/insurer to pay to the complainant/respondent compensation of Rs. 3,05,250/ - with interest @ 6% per annum payable from the date of complaint besides Rs. 1,000/ - as cost of the complaint.
(2.) INDISPUTABLY Aamir Khan was the owners of Jeep No. MP 24 -G 6609. It was comprehensively insured with the appellant/insurer covering the risk for the period from 9.6.2000 to 8.6.2001.
(3.) ACCORDING to the averments in the complaint the complainant No. 1 is the wife of Aamir Khan while the remaining complainants are his sons. It was averred that the said jeep was stolen on 17.10.2000 from Vinar Hotel, Raipur. Report of the incident was lodged on 18.10.2000 at Police Station, Maudhapara, Raipur. However, the jeep and the miscreant could not be traced. Hence, the complainant laid claim for payment of the assured amount under the policy before the appellant/insurer. However, the appellant/insurer by their letter dated 13.5.2002 repudiated the claim. Hence the complainant approached the District Forum and claimed Rs. 4,07,000/ - as compensation, being the price of the stolen jeep. The complaint was resisted by the appellant/insurer. It was averred that the vehicle was registered as a private car but was being used as 'Taxi' for hire and reward. It was also averred that in view of the breach of the terms of policy as above, the complainant is not entitled to any benefit under the policy and the complaint deserves to be dismissed.;