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J. RAJENDRA
Pradeep Kumar Yadav – Appellant
Versus
ICICI, Lombard Gerneral Insurance Co. Ltd. – Respondent
ORDER
This Revision Petition is filed under Section 58(1)(b) of the Consumer Protection Act, 2019 (“the Act”) against the order dated 15.09.2022, passed by the learned U.P. State Consumer Disputes Redressal Commission, Lucknow (‘State Commission’) in FA No.649/ 2014 wherein the State Commission allowed the Appeal filed by the Respondent/OP against the order dated 13.02.2014 passed by the District Consumer Disputes Redressal Forum, Varanasi (‘the District Forum’) wherein the District Forum allowed Complaint No.07/2013.
2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
3. Brief facts of the case, as per the Complainant, are that he is the owner of Tata Sumo bearing No.UP-65-AT-7251 and had taken an insurance policy from Respondent/OP from 13.08.2012 to 12.08.2013. On 14/15.08.2012 vehicle was stolen and on 15.08.2012 he informed the police by dialing 100 about the theft of the vehicle and thereafter, he lodged the Crime No.132/12 under Section 379 IPC on 22.08.2012 at Jaipura Varanasi Police Station. On 01.09.2012 intimation was also given to the insurer about the theft. However, the Insurance Company repudiated the c
Insurance Policy – Theft – Delay in intimating theft of vehicle to insurance company – Insurance Company could not have repudiated the claim.
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....
(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....
Insurance claim cannot be repudiated only on the ground of delay on part of complainant in intimating Insurance Company.
Insurance Company cannot repudiate claim in toto, made by owner of vehicle which was duly insured with Insurance Company, in case of loss of vehicle due to theft, merely on the ground that there was ....
(1) Lodgement of FIR – after the vehicle is stolen, a person, who lost his vehicle, would immediately lodge an FIR and the immediate conduct that would be expected of such a person would be to assist....
(1) Definition of Fundamental Breach – An insurance company can only deny a claim in its entirety if there is a “fundamental breach” of policy conditions. A delay in reporting is generally considered....
The Consumer Protection Act prioritizes consumer interests, allowing claims to proceed despite delays if satisfactorily explained, emphasizing pragmatic interpretation over hyper-technicality.
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