S.C.VYAS,PRESIDENT (ORAL) - (1.) THIS appeal is directed against order dated 1.9.2008, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), in complaint case No.261/06, whereby the complaint of the appellant herein has been dismissed on the ground that he has willfully concealed the fact of transfer of the vehicle to a third person who had filed claim in respect of the same accident before another Insurance Company. It has also been observed that conditions of the policy were breached and so nothing was payable.
(2.) IT is not in dispute that the appellant herein who was complainant before District Forum is the owner of a showroom of cars of General Motors. A new car, which was displayed in the showroom for sale, was insured by the respondent herein under Motor Trade Package Policy Road Risk Only for a period from 1.10.2004 to 30.9.2005. The car was bearing No.CG -04 -T -FPRTC -75. As per the case of the appellant herein, driver Bhupendra Kumar Sahu had taken that vehicle for display by road up to Korba and on the way in an incident of road accident it was damaged. Claim was preferred by the appellant herein to the Insurance Company which was repudiated on the basis of report of the Surveyor that the vehicle had crossed the radius described in the insurance policy and that another insurance policy was obtained in respect of the same vehicle in the name of the third person, indicating that it was sold. So nothing was payable under the policy. When claim was filed by the complainant before District Forum then again the same defence was reiterated by the Insurance Company.
(3.) LEARNED District Forum after considering the material placed before it dismissed the complaint. We have heard arguments of both parties and perused the record of the District Forum.;