The District Forum, relying on the decisions of the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission in the case of Parvesh Chander Chadha supra and T.D.P. Gram Sewa Sahakari Samiti Ltd. Ors.
The National Commission relying on its earlier judgment in the case of New India Assurance Co. Ltd. vs. Trilochan Jane4 allowed the revision petition thereby setting aside the orders of the District Forum as well as the State Commission and dismissed the companyplaint.
Signature Not Verified Digitally signed by SANJAY KUMAR Date 2020.01.24 163815 IST Reason 1 Civil Appeal No.15611/ 2017 decided on 04.10.2017 2 Civil Appeal No.6739/ 2010 decided on 17.08.2010 2009 1 CLT 552 The appellant had got his tractor insured with the respondent s on 19.06.2010.
The appellant herein, therefore, approached the District Consumer Disputes Redressal Forum, Jalandhar, Punjab, hereinafter referred to as the District Forum vide Complaint No.
The State Commission dismissed the appeal vide order dated 26.03.2013.
380 of 2011.
vs. Charanjit Kaur and Ors.
Being aggrieved by the dismissal of the appeal by the State Commission, the respondents preferred a Revision Petition before the National Commission.
Being aggrieved thereby, the respondents preferred an appeal before the State Consumer Disputes Redressal 3 2011 3 CPC 422 Commission, Punjab hereinafter referred to as the State Commission .
R. GAVAI, J. Leave granted.
The Bench of two Judges of this Court vide Order dated 09.01.2018 has referred the matter to a threeJudge Bench.
Noticing that there is a companyflict between the decisions of the Bench of the two Judges of this Court in Om Prakash vs. Reliance General Insurance Anr.1 and in the case of Oriental Insurance Co. Ltd. vs. Parvesh Chander Chadha2, on the question, as to whether delay in informing the occurrence of the theft of the vehicle to the insurance companypany, though the FIR was registered immediately, would disentitle the claimant of the insurance claim.
allowed the companyplaint and directed the respondents to pay a sum of Rs.4,70,000/ being the declared insured value of the vehicle to the companyplainant within one month from the date of receipt of companyy of the order, failing which, the respondents were made liable to pay interest at the rate of 12 per annum from the date of order till payment.
On 28.10.2010, the tractor was stolen and an FIR was lodged on the same day.
Being aggrieved thereby, the appellant is before this Court.
Hence, the present appeal.
When the matter was heard by the twoJudge bench of this Court, it numbericed that though in the case of Om Prakash supra , the theft of the vehicle was reported to the police on the day after the theft occurred, the intimation was sent to the insurance companypany much later.
However, the claim was submitted to the respondent s on 15.12.2010.
It was rejected on the ground that intimation was given belatedly after 52 days.
