STATE CONSU M ER DISPUTES RE DRESSALCOM M ISS!ON,ODISHA,CUTTACK FIRST APPEAL NO. 514 OF 2015 (From an order dated LL.g.20L5 passed by the District Consumer Forum, Sundargarh - ll, Rourkela in C.C. No. 07 of

20L4)

Divisional Manager, The New India Assurance Company Ltd., Divisional Manager, Super Market, Udit Nagar, Rourkela - L2, Udit Nagar, Dist: Sundergarh, Orissa, represented through Mamata Tudu, aged about 54 years, S/o late Chandrai Tudu, duly constituted Attorney of the New lndia Assurance Co.Ltd., T.P.Cell, Badambadi, Town/Dist. Cuttack Appellant Vrs.

Rites Kumar Jaiswal, S/o Geeta Prasad Jaiswal, At/Po/Ps: Lahunipara, Dist: Sundargarh ... Respondent :

For the respondent : M/s M.R.Mishra &, [For the appellant M/s S.K.Sarangi & Associates]

PRESENT:

HON'BLE DR. JUSTTCE D.P.CHOUDHURY, ^PRESIDENT, DR.P.K.PRUSTY, MEMBER AND MISS S.L.PATTNAIK, MEMBER d, DATED THE 28th ocroBER, zozz ORDER MISS S.L.PATTNAIK. MEMBER Heard learned counsel for both the parties.

2.

Here is an appea! filed u/s 15 of the erstwhile consumer Protection Act, 1g8G (hereinafter called the 'Act'). parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.

The brief fact of the case is that the complainant is a registered owner of Tipper vehicle bearing Regd. No.oR-14R- 2855 and the said vehicle was insured with the o.p( lnsurance company) for the period from L4.0L.2o11 to L3.oL.zor2 for a sum of Rs.6,00,000/-.

On 24.04.20LL the said vehicle was stolen from the road in between Koira to Tehrai under koira police station while the driver of the vehicle namely Herman Topno had taken the vehicle from the residence of the complainant for loading iron ore near Koira. On being getting information regarding the incident from the driver over telephone on 25.04.20LL the I complainant immediately intimated to o.p over telephone on the same day i.e 25.04.20LL. The complainant lodged a FIR on 01.05.2011 at Koira police station when he could not abte to trace out the vehicle and narrated al! the facts in FlR. The police registered the case vide P.S case No.36 of 201,L uls 379 IPC corresponding to G.R.case No.223 of 20Lt (s.D.J.M,Bonai). The complainant submitted claim form along with required documents before o.P and explaining delay of lodging FlR. The complainant further averred that Koira police after investigation submitted final report before the court of S.D.J.M,Bonai showing their inabilities to trace out the vehicle. After several approach the O.P did not settle the claim. Being aggrieved the complainant filed this complaint.

4.

Upon notice, the O.P appeared and filed its written statement and averred that, the complainant used the vehicle for commercial purposes, hence he is not a consumer and consumer dispute is not maintainable. The O.P also averred that the complainant had lodged an FIR on 01.05.20L1 after 7 days of alleged incident of theft of vehicle but the vehicle in question was stolen on 24.04.2011. The o.p also averred that the complainant intimated to o.p on 09.05.2011 after a delay of 15 days.

The o.P received the claim form duly filled in by the complainant on 08.LL.20L1,. But the o.P lnsurance company repudiated the claim on 28.07.20L1, as "No claim" because of delay in lodging FIR before police and delay in intimating lnsurance Company.

5.

After hearing both the parties, the learned District Forum passed the following order:-

"xxx The complaint is allowed. We direct the O.P-lnsuronce Compony to pay o sum of Rs.6,00,000/- (Rupees Six lokh) only the IDV of the vehicle to the complainant along with 9% interest per onnum from the date of theft i.e 24.04.20L1 ti\\ its reolizotion. Further the O.P-lnsuronce compony is also directed to poy o sum of Rs.3,000/- ( Rupees three thousand) only to the complainont os costs.The obove stoted directions shall be complied by the O.P-lnsuronce Compony within one month from the dote of receipt of copy of this order. The case is accordingly disposed of."

6.

Learned counsel for the