Delhi

New Delhi

CC/424/2018

NIKHLESH JAIN - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Opp.Party(s)

16 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.424/2018

 

Sh. Nikhlesh  Jain,

S/o Late Sh. P.C.Jain,

410, Gali No.2,

Ganesh Nagar-II,

Shakarpur,  Delhi-110092.

                               ….Complainant

Vs.

 

Bajaj Allianz General Insurance Co. Ltd.,

C-31 & 32, Connaught Place, New Delhi.

 

Also at

 

Bajaj Allianz House, Airport Road,

Yerawada, Mumbai.

Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is the owner of Maruti-800  car bearing registration No. DL 3CZ 1490.  The said vehicle was insured with OP vide policy bearing No.1000 0000 0878 for the period of  5.09.2003 to 4.9.2004 and IDV of car was Rs.1,61,000/-. On 10.08.2004, the said vehicle was stolen in front of the house of the complainant.  The complainant immediately informed to the police as well as OP regarding the incident.   OP appointed Investigator Sh. M.B. Chaudhary, who found the claim geneuine and accordingly demanded NOC from the financer to release the claim. 

 

2.     The complainant had the litigation with the financer and the same was pending before this Hon’ble Forum and was finally disposed off on 18.8.2017 in which the bank issued NOC to the complainant regarding the vehicle in question.  After getting the NOC, the complainant approached OP for releasing the claim but all in vain, hence this complaint.

3.     Notice was issued to the OP, Ld. Counsel, V.K. Anand appeared on behalf of OP and collected the copy of the complaint.  Despite several opportunities, none appeared on behalf of OP nor any written statement filed,  therefore, it was ordered to be proceeded with ex-parte on 22.4.2019.

 

4.     Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint.

                   

5.     We have carefully gone through the record of the case and have heard submission made on behalf of complainant. 

6.     Complainant has placed on record the copy of the Covernote, copy of FIR, Copy of the  letter dt. 15.2.2005, copy of R.C. and copy of NOCin support of his case.

 

7.     From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true. 

 

8.     Bare perusal of the email dt. 15.2.2005 placed on record by the complainant proves that the OP vide the above letter asked the complainant to submit the NOC for getting the claim in question  and further gave the assurance to process the claim of the complainant. 

 

9.     Non-settling of claim of the complainant by OP despite commitment amounts to deficiency in services.

 

10.    We, therefore, hold the OP guilty of deficiency in service and direct it as under:

i).  Pay to the complainant a sum of Rs.1,61,000/- along with interest @  9% p.a. from the date of institution of this complaint i.e.  12.11.2018  till payment.

ii)   Pay to the complainant a sum of Rs.10,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

 

Pronounced in open Forum on 16/01/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                          (NIPUR CHANDNA)                                           (H M VYAS)

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