R.M.Parmar, J. - (1.) The present appellant- Reliance General Insurance Company Ltd., original Opponent being aggrieved and dissatisfied with the Judgment and order passed by Learned Consumer Dispute Redressal Forum, Valsad(City), in Consumer Case No. 183/2010, decided on 14/03/2012, have preferred appeal under Section 15 of the Consumer Protection Act, 1986 before this Commission. For the sake of convenience and brevity, the appellant and respondent are hereinafter called their original character as Complainant and Opponent.
(2.) The Brief facts of the complainant case are that, the complainant was the owner of vehicle 1NNOVA Car no. GJ 15 BB-2535 and having Reliance Private Car Policy No. 1606782311002544 period from 8-11-2008 to 7-11-2009. During policy was in forced, the vehicle was parked in the open place, in front of Kalindi Apartment on 6-9-2009, by closing the glass of windows and also locking the doors, however, on early morning i.e. on 7-9-2009, the complainant did not find his car, so that he inquired nearby, but could not located his car. It is also the case of the complainant that, thereafter on 8-9-2009, lodged F.I.R. at Valsad City Police Station. The police has asked the complainant orally to wait for some time, thereafter immediately on the next day, the complainant intimated the incident of the thefts to the opponent on Toll Free Telephone Number of the opponent. It is further the case of the complainant that the complainant along with the necessary documents submitted claim to the opponent thereafter the opponent company has appointed Shree Hemant Gupta, as an Investigator who has carried out the investigation. It is also the case of the complainant that, he having genuine claim however, the opponent Insurance Company vide its letter dated 19-5-2010 repudiated the claim on the ground that the complainant had given intimation about the thefts 1 month and 5 days delay from the date of the incident and it is the violation of the terms and condition of the policy thus, the opponent has wrongly and on technical reason without verifying the record repudiated the genuine and true claim of the complainant. Hence the complainant has filed the complaint bearing Consumer Complaint No. 183/2010 before the District Consumer Dispute Redressal Forum, Valsad.
(3.) Upon service of notice, opponent Insurance Company appeared and submitted its defence thereafter, after hearing both the parties, the learned Consumer Forum has partly allow the complaint on 14/03/2012, being aggrieved the appellant/opponents have filed the present appeal before this Commission. Upon service of the notice from the Commission respondents original complainant Mr. Sudhirbhai J. Champaneri appeared thereafter, heard both the side.;