In the case of theft of a vehicle, breach of policy conditions is not relevant, and the claim should be settled on a non-standard basis.

JUDGMENT :

R.S. SHARMA, PRESIDENT

1. This appeal is directed against the order dated 15.10.2013 of District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth "District Forum") in Complaint Case No. 52/2011. By the impugned order, the complaint of the appellant (complainant), has been dismissed by the District Forum.

2. Briefly stated, facts of the case are : that the appellant (complainant) purchased a vehicle Hero Honda Splendor bearing registration No.C.G.10-E.F.-1306 on 18.12.2008 at the price of Rs. 41,339/-. The said vehicle was insured with the respondent (O.P.) for the period from 19.12.2008 to 18.12.2009 and the Policy No. is 35070131086201135251. On 2.9.2009, the said vehicle was stolen by some unknown person while it was parked at V.R. Plaza in front of Airtel office. The appellant (complainant) lodged first information report in Police Station, Tarbahar, Bilaspur (C.G.) and also sent information regarding the incident to the respondent (O.P.). On 14.9.2009 the appellant (complainant) submitted claim form before the respondent (O.P.) along with all documents, but in spite of it, the respondent (O.P.) had not paid the amount of claim to the appellant (complainant), which shows deficiency in service on the part of the respondent (O.P.). Therefore, the appellant (complainant) filed consumer complaint before the District Forum, seeking direction to the respondent (O.P.) to pay compensation of Rs.41,339/- along with interest.

3. The respondent (O.P.) filed written statement before the District Forum and pleaded that the respondent (O.P.) is only liable to pay compensation to the insured when insured, has followed the terms and conditions of the insurance policy and when the terms and conditions of the insurance policy, has been violated by the insured, then the respondent (O.P.) (Insurance Company), is not liable to pay any compensation to the insured. It has also been pleaded that on 22.9.2010 the respondent (O.P.) sent letter to the appellant (complainant) in which it was clearly mentioned that if within 15 days from the receipt of letter, all formalities is not completed, then it would be presumed that you have no interest in your claim and your claim would be termed as "No Claim", but in spite of it, the appellant (complainant) has not completed the formalities, therefore on the above ground the respondent (O.P.) made request for dismissal of the complaint.

4. Learned District Forum, after having considered the material placed before it by both the parties, dismissed the complaint by the impugned order on the ground of delayed intimation.

5. Shri D. Dutta, learned counsel for the appellant (complainant) argued that learned District Forum, has erred in not awarding compensation to the appellant (complainant). He further submitted that the appellant (complainant) has immediately informed the respondent (O.P.) regarding the incident. The order passed by the District Forum, is not sustainable in eye of law therefore, the appeal of the appellant (complainant), may be allowed and the impugned order passed by the District Forum, be set aside.

6. Shri Dashrath Gupta, learned counsel for the respondent (O.P) has supported the impugned order.

7. We have heard learned counsel for both the parties and have also perused the record of the District Forum.

8. The appellant (complainant) filed documents i.e. Money receipt dated 18.12.2008 issued by Saluja Services, Bilaspur (C.G.), letter dated 17.9.2010 sent by the appellant (complainant) to the Manager, National Insurance Company Limited regarding his claim application dated 14.9.2009, Motor Claim Form, letter dated 14.9.2009 sent by the appellant (complainant) along with enclosures to the respondent (O.P.), copy of First Information Report, Invoice dated issued by Satya Services, Certificate of Registration of vehicle bearing registration No.C.G.10-EF-1306, Certificate cum policy schedule issued by National Insurance Company Limited, letter dated sent by the complainant to R.T.