w w w . L a w y e r S e r v i c e s . i n



Ram Avtar v/s National Insurance Co. Ltd.


Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- NATIONAL CO LTD [Strike Off] CIN = U51909WB1917PLC002781

Company & Directors' Information:- NATIONAL CORPORATION PVT LTD [Not available for efiling] CIN = U51909PB1942PTC000480

    Revision Petition No. 2731 of 2017

    Decided On, 19 June 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER & THE HONOURABLE MR. C. VISWANATH
    By, MEMBER

    For the Petitioner: Sanchar Anand, Advocate. For the Respondent: Pramod K. Singh, Advocate.



Judgment Text


C. Viswanath, Member

1. The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short “the Act”) has been filed by the Petitioner against the order dated of the Haryana State Consumer Disputes Redressal Commission, Panchkula (for short “the State Commission”) in First Appeal No.1017/2016 dated 01.06.2017.

2. The Complainant stated that he purchased a car Tata Indica Aura Quadra, with registration No. HR-20S-0773 for Rs.3,70,000/. He took an insurance policy with the Opposite Party for his car on 26.09.2011 valid upto 25.09.2012. On 28.01.2012, his car was stolen. He immediately informed the police and FIR No.113 was lodged on 05.02.2012. Thereafter he informed the Opposite Party/Insurance Company. As the Opposite Party, Insurance Company repudiated his claim, he filed a Complaint Case before the District Forum with the following prayer: -

“It is therefore prayed with this complaint that the complaint, of the applicant/consumer may kindly be accepted and a direction may kindly be issued to the respondent that the respondent to a sum of Rs.3,70,000/- insured amount alongwith interest of 24% annually and Rs.50,000/- as damage for mental harassment and Rs.11,000/- as litigation expenses. Any other relief to which the applicant is found entitled may also be granted in his favour.”

3. In reply to the Complaint, the Opposite Party contended that, though the theft of the car took place on 28.01.2012, FIR was lodged only on 05.02.2012 i.e. 8 days after the car was stolen and the intimation of theft was given to the Insurance Company on 11.06.2012 i.e. after 4 months and 14 days. The Respondent/Opposite Party, therefore, repudiated his claim on 14.12.2012, on the ground that there was a delay of more than 4 months & 14 days in intimation of the loss. The District Forum after hearing both the parties allowed the Complaint, vide order dated 20.07.2016 and directed as under: -

“Resultantly, this complaint is hereby allowed, with a direction to respondent to pay insured amount of Rs.3,70,000/- to complainant with interest @ 9% per annum from the date of institution of this complaint i.e. 30.07.2013, till payment. Complainant is also hereby awarded compensation of Rs.5,000/- for his harassment, mental tension etc. This order be complied with by the respondent within 30 days, from the date of passing of this order.”

4. Aggrieved by the order of the District Forum, the Opposite Party/Insurance Company preferred an Appeal before the State Commission. The State Commission set aside the order of the District Forum, allowed the Appeal.

5. Aggrieved by the order of the State Commission, the present Revision Petition has been filed by the Complainant. Heard the learned Counsels for the parties and carefully perused the record. The Petitioner/Complainant had taken insurance for his car Tata Indica Aura Quadra, with registration No. HR-20S-0773, vide policy No.25331031116100030248 dated 26.09.2011 for an amount of Rs.3,70,000/- valid upto 25.09.2012. On 02.08.2012 when the Petitioner went to attend a function and had parked his vehicle outside the venue, his vehicle was stolen. He lodged FIR with the police after about 8 days i.e. on 05.02.2012. The police submitted final report on 21.05.2012, declaring the vehicle untraceable. The Petitioner informed the Insurance Company about the theft on 11.06.2012 and raised his claim. The Insurance Company repudiated the claim on the ground of delay and violation of terms & condition No.1 of the insurance policy.

6. No evidence had been led by the Petitioner about informing the police immediately on the occurrence of the theft. FIR was lodged only on 05.12.2012 i.e. about 8 days after the theft had occurred. Had he lodged the complaint with the police immediately, the chances of tracing the vehicle would have been higher and the very fact that only after 8 days the police was informed raises some doubt, in the absence of adequate explanation for the delay in informing the police. The police submitted their final report on 21.05.2012 that the stolen vehicle could not be traced. Even then the Petitioner had not bothered to inform the Respondent/Insurance Company about the theft of his vehicle till 11.06.2012. He again waited for about 21 days to report the loss of the said vehicle. Again no explanation has been offered for the delay in informing the Insurance Company, even after the police had closed the case declaring the vehicle not traceable. As per the terms & conditions of the policy, the Petitioner/insured was to intimate the theft of the vehicle immediately without any loss of time. In the present case, the delay in intimating the police has not been sufficiently explained with eviden

Please Login To View The Full Judgment!

ce. There is an inordinate delay in intimating the Respondent/Insurance Company. No sufficient explanation has been given for the same. The State Commission had rightly allowed the Appeal of the Respondent and dismissed the Complaint. 7. In view of the aforesaid discussion, we do not find any illegality or irregularity in the impugned order passed by the State Commission warranting interference under Section 21 (b) of the Consumer Protection Act, 1986. Revision Petition is therefore dismissed with no order as to costs.
O R







Judgements of Similar Parties

29-09-2020 National Highways Authority of India Versus Sahakar Global Limited High Court of Delhi
29-09-2020 Mangala & Others Versus National Insurance Company Limited, (Ori. Respondent) Through its Manager In the High Court of Bombay at Nagpur
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
28-09-2020 National Insurance Co. Ltd., Divisional Office, Panaji, Goa, Now Represented by its Regional Manager, Bengaluru Versus Imran Khan & Others High Court of Karnataka
28-09-2020 The Managing Director, KSRTC, Central Offices, Represented by its Divisional Controller, Mangaluru Versus National Insurance Co. Ltd. & Another High Court of Karnataka
22-09-2020 Hindustan Construction Co. Ltd. Versus National Hydro Electric Power Corporation Ltd. High Court of Delhi
22-09-2020 National Alliance For People's Movements & Others Versus The State of Maharashtra & Others Supreme Court of India
21-09-2020 Rakesh Kumar Agarwalla & Another Versus National Law School of India University, Bengaluru & Others Supreme Court of India
21-09-2020 Branch Manager, National Insurance Co. Ltd., Chitradurga & Others Versus D. Mallappa & Another High Court of Karnataka
19-09-2020 National Investigation Agency Chikoti Garden, Begumpet, Hyderabad, Rep. by A.G. Kaiser Versus Vinay Talekar & Others In the High Court of Bombay at Goa
18-09-2020 Heinz India Private Limited Versus National Insurance Company Limited & Another National Consumer Disputes Redressal Commission NCDRC
11-09-2020 The Branch Manager, National Insurance Company Ltd, Puducherry Versus Ulagaratchagan & Another High Court of Judicature at Madras
09-09-2020 Shreyas Sinha Versus The West Bengal National University Of Juridical Sciences & Others Supreme Court of India
09-09-2020 Oriental College of Teacher Education, Represented by Its Manager, Calicut Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
02-09-2020 Diwan Chand Goyal Versus National Capital Region Transport Corporation & Another High Court of Delhi
01-09-2020 Indian National Trust For Art and Cultural Heritage (INTACH) Patna Chapter, through its Convener Sri Jatindra Kumar Lall, Patna, Bihar Versus The State of Bihar Through the Chief Secretary, Patna, Bihar & Others High Court of Judicature at Patna
01-09-2020 National Insurance Company Limited Versus Ashwani Kumari & Others High Court of Jammu and Kashmir
27-08-2020 National Highway Authority of India Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
27-08-2020 Hindustan Construction Co. Ltd. Versus National Hydro Electric Power Corporation Ltd. High Court of Delhi
27-08-2020 IRB Ahmedabad Vadodara Super Express Tollway Private Limited Versus National Highways Authority of India High Court of Delhi
25-08-2020 Branch Manager, National Insurance Company Ltd., Chhattisgarh Versus Indra Bai & Others High Court of Chhattisgarh
24-08-2020 M/s. Narmada Enterprises Through Its Proprietor Pramod Gendre, Chhattisgarh Versus Punjab National Bank Through Its Chief Manager, Chhattisgarh & Others High Court of Chhattisgarh
17-08-2020 National Urban Cooperative Bank Ltd., Uttar Pardesh & Another Versus M/s. Khandelwal Rubber Products Pvt. Ltd., Uttar Pradesh & Another National Consumer Disputes Redressal Commission NCDRC
07-08-2020 The Divisional Manager, M/s. National Insurance Co. Ltd., Vellore Versus Paneerselvam & Others High Court of Judicature at Madras
07-08-2020 National Insurance Company Ltd., Third Floor, No.751, Anna Salai, Chennai Versus Vijaya & Others High Court of Judicature at Madras
04-08-2020 GMR Hyderabad Vijayawada Expressways Pvt. Ltd. & Another Versus National Highways Authority of India & Another High Court of Delhi
04-08-2020 P. Anil Kumar @ Chempazhanthi Anil & Others Versus The Indian Red Cross Society, Represented by Its Secretary General, National IRCS, New Delhi & Others High Court of Kerala
04-08-2020 Kaizen Organics Pvt. Ltd., Jaipur Versus National Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
01-08-2020 The National Insurance Company Ltd., Divisional Office II, Salem Versus. Raja & Others High Court of Judicature at Madras
31-07-2020 National Insurance Co. Ltd. Through Rajesh Kumar Dy. Manager, New Delhi Versus Biking Food Products (P) Ltd., Telangana National Consumer Disputes Redressal Commission NCDRC
28-07-2020 Dr. Uma Suresh Versus The Authorised Officer, The National Co-Operative Bank Ltd., Bangalore & Others High Court of Karnataka
27-07-2020 Punjab National Bank, Guwahati Versus Madhab Kumar Das & Another & Others High Court of Gauhati
24-07-2020 National Insurance Company Limited Through Its Duly Constituted Attorney Manager, New Delhi Versus M/s. D.D Spinners Pvt. Ltd., Panipat National Consumer Disputes Redressal Commission NCDRC
21-07-2020 Ex-Subedar Vinod Kumar Sharma Versus National Insurance Co. Ltd. National Consumer Disputes Redressal Commission NCDRC
20-07-2020 National Insurance Co. Ltd. Through National Legal Vertical, New Delhi Versus M/s. Krishna Spico Industries Pvt. Ltd., Ghaziabad & Another National Consumer Disputes Redressal Commission NCDRC
17-07-2020 The National Insurance Company Ltd., Cuddalorre Versus B. Muthusamy & Others High Court of Judicature at Madras
17-07-2020 Edelweiss Broking Limited Versus National Stock Exchange of India Limited SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
16-07-2020 Hi-Tech Pipes Ltd. Versus National Stock Exchange of India Ltd. & Another SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
15-07-2020 Nikhil Singhvi Versus Government of National Capital Territory of Delhi & Another High Court of Delhi
14-07-2020 The Director General (Road Development) National Highways Authority of India Versus Aam Aadmi Lokmanch & Others Supreme Court of India
13-07-2020 M/s. National Insurance Co. Ltd., Erode Versis Baby & Others High Court of Judicature at Madras
06-07-2020 National Insurance Co. Ltd., Chennai Versus A. Badurinssa & Others High Court of Judicature at Madras
30-06-2020 National Seeds Corporation Ltd. Jaipur & Others Versus Manju Devi National Consumer Disputes Redressal Commission NCDRC
25-06-2020 M/s. Goodwill Leather Art Rep By its Prop Md Quddus ALi Alias Md Quddus Ali Molla Versus National Insurance Co. Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
17-06-2020 S. Selvam Versus The Senior Manager – HRD Air India Limited, (Now known as National Aviation Company of India Limited), Chennai & Others High Court of Judicature at Madras
16-06-2020 Pia Singgh Versus National Law University Delhi High Court of Delhi
15-06-2020 Piara Ram Versus National Insurance Co. Ltd. Through Its Manager, Punjab National Consumer Disputes Redressal Commission NCDRC
09-06-2020 State rep. by the Drugs Inspector, O/o. Director of Drugs Control, Tamil Nadu, Chennai Versus M/s. National Pharmaceuticals [A-3], A Division of Rider Pharmaceuticals Pvt. Ltd., Rep. by Kamalchand Jain, Director & Another High Court of Judicature at Madras
09-06-2020 Rakesh Malhotra Versus Government of National Capital Territory of Delhi & Others High Court of Delhi
03-06-2020 Bhubaneshwar Expressways Pvt. Ltd. Versus National Highways Authority of India High Court of Delhi
01-06-2020 Aditya Birla Money Limited, Rep. By its Head – Legal & Compliance, L.R. Murali Krishnan Versus The National Stock Exchange of India Limited, Investors Services Cell, Kotturpuram & Others High Court of Judicature at Madras
27-05-2020 Gautam Navlakha Versus National Investigation Agency & Another High Court of Delhi
26-05-2020 Dr. Divyesh J. Pathak & Others Versus National Board of Examinations & Another High Court of Delhi
15-05-2020 Mohet Hojai Versus National Investigation Agency Supreme Court of India
13-05-2020 Jayanta Sarkar Versus National Jute Board & Others High Court of Judicature at Calcutta
06-05-2020 Punjab National Bank & Others Versus Atmanand Singh & Others Supreme Court of India
27-04-2020 Dr. Devyesh J. Pathak & Others Versus National Board of Examination & Others High Court of Delhi
22-04-2020 National Agricultural Cooperative Marketing Federation of India Versus S.A. Alimenta Supreme Court of India
07-04-2020 (The State) The National Investigation Agency, Ministry of Home Affairs, Government of India, Represented by the Superintendent of Police, Assam Versus Akhil Gogoi High Court of Gauhati
23-03-2020 The Branch Manager, National Insurance Company Limited, Sikkim Versus Bishal Chettri & Another High Court of Sikkim
19-03-2020 National Board of Examinations V/S Prometric Testing Pvt. Ltd High Court of Delhi
13-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Suchandra Basak West Bengal State Consumer Disputes Redressal Commission Kolkata
13-03-2020 The National Insurance Co. Ltd., Kolkata, through its Regional Manager Versus Marotrao & Others In the High Court of Bombay at Nagpur
12-03-2020 M/s. National Insurance Co. Ltd., Puducherry Versus Rani & Others High Court of Judicature at Madras
12-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Subhash Mahanta West Bengal State Consumer Disputes Redressal Commission Kolkata
12-03-2020 National Insurance Co. Ltd., National Legal Vertical (Legal Cell), New Delhi Versus Biswadeb Koley & Others National Consumer Disputes Redressal Commission NCDRC
11-03-2020 M/s. National Insurance Co. Ltd., Basheerbagh, Hyderabad through local branch at Khammam Versus F.R. Phillip High Court of for the State of Telangana
11-03-2020 National Insurance Company Limited, Bhavani Versus P. Rammohan And Others High Court of Judicature at Madras
10-03-2020 National Company, Represented by its Managing Director, Dr. Arun A Raja Versus Joint Chief Controller of Explosives Ministry of Commerce and Industry, Petroleum & Explosives Safety Organization (PESO), (Formerly Department of Explosives), Egmore, Chennai & Others High Court of Judicature at Madras
10-03-2020 S. Nijam Ali @ Nijam Versus Union of India, Rep. by the Addl. Superintendent of Police, National Investigation Agency, Kochi Branch High Court of Judicature at Madras
06-03-2020 National Insurance Co. Ltd., Rajasthan & Another Versus Bhawal Synthetics India Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 Pankaj Kumar Singh Versus National Thermal Power Corp Ltd. & Others High Court of Madhya Pradesh
06-03-2020 Mumtaz & Others Versus The National Insurance Co. Ltd., & Another High Court of Karnataka
05-03-2020 UCO Bank Versus National Textile Corporation Limited & Another Supreme Court of India
05-03-2020 National Insurance Co. Ltd., Chennai Versus S. Chitirai Pandian & Others High Court of Judicature at Madras
05-03-2020 Gunjan Kumar Versus Management of Circle Head Punjab National Bank, Darbhanga & Others High Court of Judicature at Patna
04-03-2020 The National Council of Women in India, Tamil Nadu Branch, Represented by its President, Chennai Versus Arulmighu Kapaleeswarar Koil, Represented by its Joint Commissioner, Executive Officer, Chennai High Court of Judicature at Madras
04-03-2020 National Insurance Company Ltd. Versus Bhowmik Studio & Colour Lab National Consumer Disputes Redressal Commission NCDRC
03-03-2020 In The Matter of: Punjab National Bank, NOIDA Uttar Pradesh Versus State Bank of India Sam Brnach, New Delhi (Branch Code-04109), New Delhi & Others National Company Law Appellate Tribunal
02-03-2020 G.T.P. Transport Company, Swaranpuri, Salem & Another Versus National Insurance Company Ltd., Divisional Manager, Salem & Another High Court of Judicature at Madras
02-03-2020 Branch Manager, National Insurance Co. Ltd., Represented by Regional Manager, National Insurance Co. Ltd., Bengaluru Versus Latha & Others High Court of Karnataka
28-02-2020 M/s. Techno Global Services Pvt. Ltd. & Another Versus National Insurance Co. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
27-02-2020 Taraknath College of Education Versus National Council For Teacher Education & Another High Court of Delhi
27-02-2020 National Insurance Co. Ltd. Versus Bhagwan Bhika Shirsath & Others High Court of Judicature at Bombay
26-02-2020 Punjab National Bank Versus M/s Vindhya Cereals Pvt. Ltd. National Company Law Appellate Tribunal
25-02-2020 National Insurance Company Ltd. Versus Himachal Pradesh State Electricity Board Limited & Another National Consumer Disputes Redressal Commission NCDRC
19-02-2020 The National Textile Corporation Ltd. & Another Versus Modified voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association & Others High Court of for the State of Telangana
19-02-2020 M/s. Pankaj Trading Company Proprietor Mr. Manoj Jain & Others Versus National Insurance Company Ltd. Rajnandgaon Chhattisgarh National Consumer Disputes Redressal Commission NCDRC
18-02-2020 National Insurance Co. Ltd. Versus Manjulaben Jayantibhai Usadadiya High Court of Gujarat At Ahmedabad
17-02-2020 National Insurance Co. Ltd. Versus Veena Jain Delhi State Consumer Disputes Redressal Commission New Delhi
17-02-2020 Susheela Bai Pandey Versus National Insurance Company Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
17-02-2020 Susheela Bai Pandey Versus National Insurance Company Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
14-02-2020 National Insurance Company Ltd. Through Its Duly Constituted Attorney Manager, National Insurance Company Ltd., New Delhi Versus M/s. Ganpati Timber Store, By Proprietor Sh. Rajesh Khadariya & Another National Consumer Disputes Redressal Commission NCDRC
13-02-2020 The Project Director, National Highways Authority of India, Madurai Versus M. Vijayalakshmi & Another Before the Madurai Bench of Madras High Court
13-02-2020 Daniel Oommen Versus National Institute of Technology, Kozhikode, Represented by Its Registrar & Others High Court of Kerala