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PREM NARAIN
Royal Sundaram General Insurance Company Limited – Appellant
Versus
Ram Kishore Prasad – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Ms. Deepa Chacko, Advocate
For the Respondent:For the Respondent No.1:Mr. Avneesh Garg, along with Ms. Laxmi Kumari, Advocate
For the Respondent Nos. 2 & 3: Nemo (served)

ORDER

Prem Narain,Presiding Member—This revision petition has been filed by the petitioner Royal Sundaram General Insurance Company Limited challenging the order dated 25th July 2017 passed by the West Bengal State Consumer Disputes Redressal Commission Kolkata (in short the State Commission) in appeal No. A/388/ 2016.

2. Brief facts of the case are that the complainant had purchased Bolero XL vehicle from OP3 on 13.09.2013 for a total price of Rs.6,71,277/- and the vehicle was financed by OP2. The complainant insured the vehicle with OP1 vide policy no. VPC0588368000100 for the period from 13.09.2013 to 12.09.2014. On 16.07.2014 the vehicle was stolen from the premises of the complainant and FIR was lodged on the same day. The complainant gave the intimation in writing about the theft of his vehicle to OP1 along with the claim on 28.07.2014. Thereafter, OP1 repudiated the claim of the complainant vide letter dated 20.05.2015 which stated that:

“…the vehicle was used for commercial purpose and thereby violating the provisions of ‘Limitation as to use’ of the policy.

Also, there has been a delay in intimating the loss to the company by 12 days….

Hence, we regret to inform our inabi

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