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AVM J. RAJENDRA
Rajesh Singh – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent
ORDER
This Revision Petition No.887 of 2019 challenges the impugned order of the MP State Consumer Disputes Redressal Commission, Bhopal (‘State Commission’) dated 14.01.2019. Vide this order, the State Commission dismissed Appeal No. 1639 of 2017 and affirmed the order of the District Consumer Disputes Redressal Forum, Rewa (‘District Forum’) dated 27.07.2017 wherein the District Forum, dismissed the Complaint filed by the Petitioner as barred by limitation.
2. As per report of the Registry, there is a delay of 8 days in filing of the present Revision Petition. For the reasons stated in I.A. No.7078/2019, the delay is condoned.
3. Brief facts of the case, as per the Petitioner/Complainant, are that he purchased a truck (Regn No. MP 17 HH 0403, Chassis No. 44026BSZ003533) financed by Respondent No. 3. The truck was insured with Respondents No. 1 and 2 for Rs. 12,00,000/- under Insurance Policy No. 00-08-9995-1803-00044006, valid from 25.02.2008 to 24.02.2009. The truck was stolen on 24.09.2008, and the Petitioner reported the theft to the police on 26.09.2008. FIR No. 60 of 2009 was filed on 04.09.2009 at Thana Atraila. He informed Respondents No. 1 and 2 about the theft on 15.09.2
: Limitation : Repeated representations will not extend period of limitation.
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
Insurance Policy – Vehicle Insurance – Theft – Insurance Company cannot travel beyond the reasons stated in repudiation letter.
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
(1) Condonation of delay – To condone such delay in filing the Revision Petition, the Petitioner needs to satisfy this Commission that there was sufficient cause for preferring the Revision Petition ....
(1) Insurable Interest during Transfer – The process of transferring insurance (submitting applications and fees) often spans several days. If an incident occurs while this process is in progress, th....
National Commission – The powers of the National Commission are very limited. Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has....
The time spent pursuing an inappropriate remedy can be excluded from the period of limitation under Section 14 of the Limitation Act.
Consumer Protection Act arms at speedy and simple redressal to consumer disputes.”
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