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( 'l - 1 STIIE CON S UMER DISPUTES REDRES SAL COMMIS SION, ODISHA. CUTTACK First Appeal No.531/201 4 (From an order dated 28.07.2014 passed by the District C onsumer Disputes Redres sal F orum/C ommi s sion Jagatsinghpur in Consumer Complaint No. 15612013)

The Manager, Reliance General Insurance Co.Ltd.

2'd Floor, 5-Janpath, Unit-[I, Bhubaneswar, Now represented by its Manager,Legall Authorised Signatory.

Appellant Versus-

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I Minati Behera, Wo. Dhaneswar Behera, At-Qr.NoMB/ l,Madhuban,p -paradeep, S Di st-Jagatsingpur, Odi sha.

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Shriram Transport Finance Co.Ltd., Back side of Indian Bank, Jagatsingpur, AtlP O lDist- Jagat ingpur.

s

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Shriram Transport Finance Co.Ltd., l23,Angappa Niacken Street, Chennai-600001.

Respondents counsel for the Appellant- \4/s.Ranjan pati & Associates.

counsel for the Respondent No.l-IWs. Amit prasad Bose & Associates.

counsel for the Respondent No.2&3- M/s.p.K.Ray & Associates.

PRI,SEI\T :- - Sri Dillip Kumar Mohapatra, Member.

Sri I{emant Kumar Mohanty, Member.

I)ATE OF HEARING. 23 .06 ,2023 ORDER-

DATE OF T6 Og.2O23 ORDER

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This appeal arises out of an order dt.2g.07.2014 passed by District consumer Disputes Redressal Forum, Jagatsingpur in consumer Corrrplairrl No. | 56120 13.

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The case of the complainant is that the complainant is the registered owner of a Tipper bearing Regd.No.OR-2 lA-6205. The said tipper was insured with the Opp.Party No.1 vide Policy No.1SO237-23-27-100226 for the period from 05.07.2007 to 04.07.200g. The Tipper was engaged at Paradeep Port Area. While the policy was in force, on 17.07.2007 at night when the Tipper was parking near the Bali Plots, Atharbanki and the Driver & helper were taking their dinner, the Tipper was stolen by some culprits. The clriver informed the rnatter to the compiainant and after due search when the Tipper was not traced out, the Driver lodged an F.I.R before the I.I.c, Paradeep. The police did not register any case for which the complainant filed a complaint case bearing No.I.c.c case No.671200g before the J.M.F.c.(p), Kujanga and the Hon'ble Courl was pleased to direct the I.I.C, paradeep under Section 156(3) of Cr.PC for investigation and report. After getting the direction from coutI, the IIC, Paradeep registered GR Case No.127l2O0g uls 379 of IPC and submitted final report vide GR Case No.235l2008. At the - -

same time, the complainant also informed the O.P No.1-Insurance company for settlement of the claim who assured to settle the claim after investigation of police. Since the vehicle was under hypothecation of Opp.Party No. 2 and 3, the Opp.Parly No.2 and 3 pressed hard for payment of instaliment dues and issued a demand notice on 05.08.2013 to deposit Rs.15,64,958/- towards loan dues. Inspite of several requests of the complainant when the Opp.Parly No.1 has not settled the claim , the complainant filed the oomplaint petition bcforc the learned Forum below for redressal of her grievance with a prayer for a direction to Opp.Party No.2 and 3 for supply of copy of balance sheet and agreement and for settlement of claim of Rs.15,64,958/- with Rs.1,00,000/-

towards compensation for mental agony and cost of litigation.

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The Opp.Party No.1 filed written version denying the allegation of the complainant and has stated that the vehicle No.OR-2 LA-6205 of the complainant was insured vide Policy No.150237-23-27100226 valid from to

05.07.2007 04.07.2008 under certain terms and conditions. During the continuation of the policy, the vehicle was stolen on 17.07.2007 while parking near Bali Plots at Atharabanki. Though the vehicle was stolen on 17.07.2007, the claim form was submitted on 28.06.2008 and subsequently, call centre intimation was given to the Opp.Party-Insurance Company on 03,07.2008 which was after about 352 days of alleged loss. It is also stated that from the document supplied by the complainant, it is ascertained that the complainant has deliberately in fabricating an FIR after about 10 months of the alleged loss /'

by filing a complaint case to get