First Appeal No. 1023 of 2015. Case: ICICI Lombard General Insurance Company Limited Vs Virender Singh. Haryana State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 1023 of 2015
Party NameICICI Lombard General Insurance Company Limited Vs Virender Singh
CounselFor Appellant: N.K. Setia, Advocate and For Respondents: N.K. Malhotra, Advocate
JudgesNawab Singh, J. (President), B.M. Bedi, Member (J) and Diwan Singh Chauhan, Member
IssueConsumer Protection Act, 1986 - Sections 12, 24A
Judgement DateJanuary 10, 2017
CourtHaryana State Consumer Disputes Redressal Commission

Order:

B.M. Bedi, Member (J), (Panchkula)

  1. ICICI Lombard General Insurance Company Limited-Opposite Party No. 1 is in appeal against the order dated September 8, 2015 passed by District Consumer Disputes Redressal Forum, Rohtak (for short 'the District Forum') whereby complaint No. 245 of 2013 filed by Virender Singh-complainant-respondent, seeking benefits of insurance with respect to his truck which was stolen during the subsistence of insurance policy, was allowed. For facilitation, the operative part of the order is reproduced as under:-

    ... it is directed that opposite party No. 1 shall pay the insured declared value of vehicle i.e. Rs. 8,00,000/- (Rupees eight lacs only) along with interest @ 9% p.a. from the date of filing the present complaint i.e. 02.08.2013 till its actual realization and shall also pay a sum of Rs. 2500/- (Rupees two thousand five hundred only) as litigation expenses to the complainant within one month from the date of completion of formalities by the complainant e.g. From No. 26, 28, 29, 30, 35, Original R.C., Subrogation letter, Indemnity Bond and affidavit of transferee etc to the opposite party No. 1 failing which the opposite party No. 1 shall be liable to pay interest @ 12% p.a. on the awarded amount from the date of decision. Opposite party No. 2 is also directed to issue the N.O.C. of the vehicle to the complainant. complaint is allowed accordingly.

  2. Truck bearing registration No. HR-63-1861 owned by complainant was insured with ICICI Lombard General Insurance Company Limited (for short 'the Insurance Company')-Opposite Party No. 1/appellant for the period March 28, 2009 to March 27, 2010 vide Insurance Policy Exhibit C-2. The Insured Declared Value (IDV) of the truck was Rs. 8.00 lacs. On July 4, 2009 the truck was stolen in the area of Sonipat. First Information Report (FIR) No. 350 (Exhibit C-4) was lodged in Police Station Sonipat. The Insurance Company was also informed. The Police submitted untraced report which was accepted by Chief Judicial Magistrate, Sonipat vide order dated 3 February, 2011. Claim being filed, the Insurance Company repudiated the same vide letter dated 8 June, 2010 (Exhibit R-2). Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

  3. The Insurance Company contested complaint by filing written version raising plea that the complainant is not entitled to the benefits of insurance on account of violation of terms and...

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