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2022 Supreme(SC) 124

SANJIV KHANNA, BELA M. TRIVEDI
Jaina Construction Company – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates appeared:
For the Petitioner(s):Avinash Lakhanpal, Kamakshi S. Mehlwal, Advocates

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal is directed against the impugned order dated 9th September, 2016 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as “the NCDRC”) in Revision Petition No. 1104 of 2016 whereby the NCDRC while allowing the said Revision Petition filed by Respondent No. 1-Insurance Company, has set aside the order dated 16th December, 2015 passed by the State Consumer Disputes Redressal, Commission, Haryana at Panchkula and the order dated 26th February, 2015 passed by the District Consumer Disputes Redressal Forum, Gurgaon.

2. Heard Mr. Avinash Lakhanpal, learned counsel appearing on behalf of the appellant. None has entered appearance on behalf of the respondents though duly served.

3. The precise question that falls for consideration before this Court is - whether the Insurance Company could repudiate the claim in toto, made by the owner of the vehicle, which was duly insured with the insurance company, in case of loss of the vehicle due to theft, merely on the ground that there was a delay in informing the company regarding the theft of vehicle?

4. The undisputed facts transpiring from the record are

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