Case nº Revision Petition No. 3614 Of 2012, (Against the Order dated 29/05/2012 in Appeal No. 1078/2011 of the State Commission Haryana) of NCDRC Cases, October 09, 2012 (case 1. Attar Singh and Anr. 2. Raj SIngh Vs Reliance General Insurance Co. Ltd. and Anr.)

Judge:For Appellant: Mr. Sant Dharamveer Chotivala, Advocate and For Respondents: Nemo
President:Mr. J.M. Malik, Presiding Member and Mr. Vinay Kumar, Member
Defense:Consumer Law
Resolution Date:October 09, 2012
Issuing Organization:NCDRC Cases
 
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Order:

J.M.Malik, J.

  1. The moot question which falls for consideration is hether in a theft case, the delay in lodging the First Information Report (F.I.R.) and delay in giving information to the Insurance Company is fatal? The facts leading to filing of this revision petition are as follows. Attar Singh and Raj Singh, R/o Village & P.O. Saidpur, District Sonepat, Haryana, purchased a tractor in the year 2007. They obtained insurance policy from Reliance General Insurance Co. Ltd, the opposite party covering the period from 17.05.2009 to 16.05.2010 for an assured sum of Rs.4,80,000/-. On 18.05.2009, the above said tractor was stolen from the area of Village Sothi, PS Kharkhoda, District Sonepat, Haryana. FIR was lodged on 15.06.2009 with the Police Station, i.e. after a delay of 27 days from the commission of the theft. The information was sent to the respondent, Insurance Company about the theft, with delay of 283 days. The claim made by the petitioner was repudiated.

  2. The petitioner filed a complaint before the District Forum which allowed the complaint and directed the insurance company to make the payment of Rs.4,71,200/-, along with interest @ 9% p.a. from the date of theft of the tractor and to pay Rs.2,000/- each, as compensation and as litigation expenses.

  3. Aggrieved by that order, the respondent preferred an appeal before the State Commission. The State Commission condoned the delay of 152 daysin filing the appeal, accepted the appeal and dismissed the complaint.

  4. Aggrieved against the order of the State Commission, the complainants/petitioners herein have filed this revision petition, with a delay of 2 days, as reported by the Registry, for which no application for condonation of delay has been filed by the petitioners, as according to them the present revision petition has been filed within the prescribed period of limitation of 90 days as submitted by them in Para 7 of their revision petition. Be that as it may, the delay if any, is hereby condoned.

  5. We have heard the counsel for the petitioner at the time of admission of this case. He vehemently argued that the police report was lodged immediately but the police put it off on the pretext that they were searching for the tractor. They did not lodge the FIR earlier, in the hope that the tractor would be recovered. The learned counsel for the petitioner also explained that they had informed the agent of the insurance company regarding the...

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