Dismissing the insurance firm's plea against the order of the Chhattisgarh State Consumer Disputes Redressal Commission, which had upheld a district forum's ruling to compensate the SUV theft, the National Consumer Disputes Redressal Commission (NCDRC) also imposed a cost of Rs 20,000 on IFFCO-TOKIO.
"The revision petition fails to bring out any case of jurisdictional error, material irregularity or illegality in the impugned order, which could justify intervention of this commission under the Consumer Protection Act, 1986.
"Consequently, the revision petition is dismissed and the order of the Chhattisgarh State Consumer Disputes Redressal Commission is confirmed. Cost of Rs 20,000 is awarded in favour of the respondent/complainant," the forum said.
In its plea, the insurance company had contended that the claimant, Pratima Jha, had violated the various provisions of the Motor Vehicles (MV) Act regarding registration of vehicle and that's why her claim was rejected.
It said the insurance policy would fail, if there is a violation of provisions of the MV Act, irrespective of whether there is an express provision to this effect in the terms.
The bench presided by Justice V B Gupta rejected the contention, saying it "is an unconvincing attempt on the part of the revision petitioner (IFFCO-TOKIO) to circumvent concurrent findings by both the fora below. We therefore, have no hesitation in rejecting it at threshold itself."
The state consumer commission had upheld the district forum's order directing the company to pay the insurance amount of Rs 5,62,400 along with compensation of Rs 7,600.
The district forum's order had come on the complaint of Chhattisgarh resident Pratima Jha, who had filed a claim after the theft of her Mahindra Bolero SUV which was insured with IFFCO-TOKIO.
