Delhi

North East

CC/31/2021

Abdul Razzaq - Complainant(s)

Versus

Bajaj Allianz General Insurance Co. Ltd. - Opp.Party(s)

16 Jul 2024

ORDER

   DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.31/21

 

In the matter of:

 

	Abdul Razzaq, S/o Sh. Abdul Rasool R/o H.No. G-179, Street No. 11, Bhagirathi Vihar, North East Delhi 94	Complainant
	Versus
	Bajaj Allianz General Insurance Co. Ltd. Through its General Manager Block No. 4, 7th Floor, DLF Tower, 15 Shivaji Marg, Delhi 110015	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                        DATE OF ORDER  :

22.02.2021 22.05.2024 16.07.2024

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 06.11.2015 the Complainant had purchased a bike i.e. Splender Pro from Hero Fin Corp. Ltd. bearing no. DL-5SBZ-5313. Complainant stated that the said vehicle was insured by the Opposite Party w.e.f 02.11.2019 to 01.11.2020. Complainant stated that on 20.02.2020, the said vehicle had been stolen by someone from Nala Road, Near Shamshan Ghat, Shiv Vihar, Delhi between 08:00 p.m. to 08:30 p.m. Complainant stated that on 21.02.2020, he lodged an e-FIR bearing no. 006120/2020 and the said vehicle was not recovered or traced by the concerned police. Complainant stated that in the month of August 2020, he approached the officials of Opposite Party for the claim. Complainant stated that Opposite Party issued a letter dated 31.08.2020 to fulfil some required document in which it demanded the untraced report of the vehicle. Complainant stated that thereafter he called concerned court for the status report of the above noted E-FIR and concerned court had filed the untraced report before the court on 14.10.2020. Complainant stated that in the month of November 2020, he received the untraced report and after that he contacted the officials of Opposite Party but they refused to give the claim of the complainant. Complainant stated that he approached several times to Opposite Party but they did not pay any claim. Hence, there is deficiency on the part of Opposite Party. Complainant has prayed for an amount of  Rs. 33,788/- along with interest @ 18 % p.a. Complainant also prayed for an amount of Rs. 50,000/- on account of mental harassment and Rs. 11,000/- on account of litigation expenses.

Case of the Opposite Party

2. Opposite Party contested the case and filed its written statement. It is stated that the complaint is without any merit. It is stated that the vehicle in question was insured by the Opposite Party. It is stated that the Complainant did not submit the required documents as demanded vide letter dated 31.08.2020 and reminder dated 09.09.2020 and also reminder dated 17.09.2020. It is stated that the complaint is without any merit and it is prayed that the complaint may be dismissed.  

Rejoinder to the written statement of Opposite Party

3.  The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Complainant

4. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Evidence of the Opposite Party

5. To support its case Opposite Party has filed affidavit of Shri. Shyama Charan Vats, wherein, he has supported the case of the Opposite Party as mentioned in the written statement.

 

Arguments & Conclusion

6. We have heard the Complainant and Ld. Counsel for the Opposite Party. We have also perused the file and written arguments filed by the parties. The case of the Complainant is that his two wheeler bearing no. DL-5SBZ-5313 was insured by the Opposite Party from 02.11.2019 to 01.11.2020. His case is that on 20.02.2020, the said two wheeler was stolen. He lodged the E-FIR. The two wheeler was not recovered and untraced report was accepted by the court.
7. The case of the Opposite Party is that the Complainant did not submit the following documents which the Complainant was asked to submit vide letter dated 31.08.2020:-

1. Court accepted untraced Report
2. Letter of Indemnity and Subrogation on Rs. 500 stamp paper each duly notarized & signed
3. R/C Particulars
4. Acknowledge Letter to RTO for keeping Vehicle particulars in safe custody
5. Second original key
6. Consent on Rs. 100. Stamp paper each duly notarized & signed
7. NOC & form 35 (if loan is terminated)

 

8. Admitted the two wheeler of the Complainant has been stolen and the same could not recovered by the police. The police has submitted the unraced report in the court and the same was accepted.
9. In view of the above, the complaint is allowed. The Opposite Party is directed to pay the IDV of the vehicle i.e. Rs. 33,788/- to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is also directed to pay an amount of Rs. 10,000/- on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery. It is further ordered that the Complainant shall furnish the necessary documents to the Opposite Party and thereafter within one month the Opposite Party will pay the above mentioned amount to the Complainant. 
10. Order announced on 16.07.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)