First Appeal No. 352/2016. Case: Gograj Ghayal Vs Oriental Insurance Co. Ltd.. Rajasthan State Consumer Forum SCDRC Cases
| Case Number | First Appeal No. 352/2016 |
| Counsel | For Appellant: Prashant Mantri, Counsel and For Respondents: Kamal Chamaria, Counsel |
| Judges | Nisha Gupta, J. (President) and Meena Mehta, Member |
| Issue | Consumer Law |
| Judgement Date | Thursday March 30, 2017 |
| Court | Rajasthan State Consumer Forum SCDRC Cases |
Order:
Nisha Gupta, J. (President), (Jaipur)
This appeal has been filed against the judgment of learned DCF Bharatpur dated 29.2.2016 whereby the claim has been allowed against the appellant.
The contention of the appellant is that after the theft of the vehicle police was informed after 21 days and claim before the Insurance Co. was filed on 13.7.2009. Hence, the claim should have been dismissed.
Per contra the contention of the respondent is that the police has been informed on the same day which is evident from Anx. 1 and further the fact of theft was informed to finance company and finance company has informed the insurance company. Hence, there is no delay in intimation and the claim has rightly been awarded.
Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.
There is no dispute about the fact that the vehicle was insured which was found stolen on the morning of 14.5.2009. On the same day a written report was sent to the police but police has registered the case with delay and to fortify this contention Anx. 1 has been submitted which has been submitted to the police station...
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