ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. ABHISHEK SINGH

JUDGEMENT

(1.) APPELLANT /OP M/s. Royal Sundaram Alliance Insurance Co. Ltd. has filed this appeal under Section 15 of C.P.Act, 1986 against the order dated 14.7.2011 passed by DCDRF -VI, K.G.Marg, New Delhi under Complaint case No.1620/09.

(2.) THE brief facts of the case are that complainant/respondent No.1 Shri Abhishek Singh is the owner of Bolero Car bearing No.UP14 AN 0044. This vehicle was duly insured with OP/appellant for a sum of Rs.4,50,000/ - for the period 19.9.2008 to 18.9.2009. It was ensured as a private vehicle. During the intervening night of 2 -3.2.2009 this vehicle was stolen from outside of complainant s NOIDA office for sometime he tried to search the vehicle but could not find it. He immediately informed the local police. Intimation was also sent to Insurance Company on 3rd February itself through mobile phone of Mr. Parveen and also through Fax (Exhibit Cw1/I). The vehicle could not be traced by the police. The complainant, therefore, preferred the insurance claim alongwith all necessary papers such as FIR, untraced report etc. The insurance co. appointed an Investigator to investigate the matter and assess the loss. The insurance claim was however repudiated by the insurance company on the ground of misrepresentation of facts, delay of three days in intimation of the theft to insurance company and also for violation of the terms and conditions of the insurance policy. The complainant thereafter filed the consumer complaint for the alleged deficiency of service on the part of the insurance company claiming reimbursement of insured amount, compensation and the cost.

(3.) THE appellant/OP Insurance company filed reply stating therein that the vehicle in question was insured as a private vehicle and meant for private use only. However, during investigation it came to light that the vehicle was commercially used as it had travelled 29364 kms, within 8 months of purchase. This proves beyond doubt that the vehicle was used commercially. During the course of investigation it was also found that one Star Travels was using this vehicle on Hire and Reward basis.