R. K. AGRAWAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Jagpal Singh – Respondent
ORDER
This Revision Petition has been filed by Oriental Insurance Co. Ltd., the sole Opposite Party in the Complaint (hereinafter referred to as the Insurance Company), against the Order dated 26.09.2017 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission at Lucknow (hereinafter referred to as the State Commission) in Appeal No. 1555 of 2010, whereby the State Commission had dismissed the Appeal, preferred by the Insurance Company, affirming the Order dated 09.06.2010, passed by the District Consumer Disputes Redressal Commission, Ghaziabad (hereinafter referred to as the District Commission) in Complaint Case No.450 of 2008. By the said Order, the District Commission had allowed the Complaint, preferred by the Complainant/Respondent herein, and directed the Insurance Company to pay to the Complainant/Respondent the claim amount of Rs.3,00,000/- within one month from the date of the said Order, failing which simple interest @ 6% per annum was directed to be paid on the said amount from the date of the claim till realization as also Rs.1000/- as litigation costs.
2. The facts in brief are that in order to earn his livelihood by self-employment, the Complainant/R
Repudiation of theft insurance claim on ground of delay in intimation to insurance company found not justified.
Intimation – the delay in intimation to the Insurance Company as also the purported transfer of the vehicle to a third party by entering into a sale agreement is no more a factor for the insurer to d....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
Denial of Claim – there is delay on part of the appellant in intimating the police regarding occurrence of the alleged theft, the appellant’s claim has rightly been denied by the insurance company on....
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
Consumer Protection Act arms at speedy and simple redressal to consumer disputes.”
(1) Immediate Notice – The object behind giving immediate notice to the police appears to be that if the police is immediately informed about the theft or any criminal act, the police machinery can b....
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