State Consumer Disputes Redressal Commission
M/S Dwarka Dass Sumat Parsad, Dealer ... vs The New India Assurance Company Ltd. ... on 1 February, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.241 of 2007 Date of Institution: 30.01.2007 Date of Decision: 01.02.2012 M/s Dwarka Dass Sumat Parsad, Dealer Bharat Petroleum Murthal Road, Sonepat, through its Proprietor Devender Kumar son of Tara Chand Mahajan, Resident of 148/20, Indra Colony, Atlas Road, Sonepat. Appellant (Complainant) Versus The New India Assurance Company Ltd. Registered and Head Office The New India Assurance Company Limited, Mahatma Gandhi Road, Fort Bombay, through its Branch Manager, 203-L, Model Town, Sonepat. Respondent (OP) BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. For the Parties: Shri M.K. Makkar, Advocate for appellant. Shri Puneet Sharma, Advocate for respondent. O R D E R
Justice R.S. Madan, President:
This appeal has been preferred against the order dated 27.12.2006 passed by District Consumer Forum, Sonepat whereby complaint bearing No.127/2005 filed by complainant (appellant herein) against the appellant-opposite party with respect to the insurable benefits has been dismissed.
The facts of the case as emerged from the record are that the complainant had obtained an Insurance Policy from the respondent-opposite party for firm M/s Dwarka Dass Sumat Parsad, Dealer Bharat Petroleum for the period 13.8.2002 to 12.8.2003 which included the cash insurance also. According to the complainant on 15.9.2002, its proprietor Devender Kumar was returning to his house at Model Town, alongwith cash of Rs.1,70,000/- in a cotton bag in his car and the aforesaid cash was snatched by some un-known person by giving a blow of iron road on the head of said Devender Kumar. F.I.R. No.196 dated 19.05.2002 under Section 394 I.P.C. was lodged in Police Station, Civil Lines, Sonepat. Untraced report was submitted by the police. Complainant made statement before Ilaqa Magistrate that he was satisfied with the investigation conducted by the police. As per the untraced report, it was found a false case. Thus, once the untraced report produced by the police was accepted by the complainant in toto, thereafter, the complainant cannot claim any insurable benefits on the basis of averments made in the F.I.R. which is the first version of the complainant himself and lateron admitting the factum of false case as reported by the police.
Having heard the learned counsel for the parties and taking into consideration the facts and circumstances of the case, we do not find any infirmity in the impugned order while dismissing the complaint. Hence, this appeal is dismissed being devoid of any merit.
Announced: (Justice R.S. Madan) 01.02.2012 President (Dr. Rekha Sharma) Member