Delhi

New Delhi

CC/230/2016

Devi Ram - Complainant(s)

Versus

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

19 Dec 2018

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.230/2016

 

 

Sh.Devi Ram,

S/o Late Sh. Hari Chand,

R/o 8, Chattarpur village,

Near RK Tent House,

New  Delhi-30.

 

….Complainant

 

Vs.

 

 

Bajaj Allianz General Insurance Co. Ltd.,

12 th Floor, Gopal Das Bhawan,

Bara Khamba Road,  

Connaught Place,

New Delhi-110001.

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 owner of E-rikshaw make Tukral model ERI, 150 CC  bearing Chasis   No.M33TEBPLMFDO00152 duly insured with OP  for a period from 10.08.2015 to  9.08.2016 vide  policy bearing No.OG-16-1101-1803-00002566 which was prepared on 27.8.15 and the same was dispatched on 31.8.15  for a sum of Rs.95,168/-.  It is alleged by the complainant that  as he was  busy so he could not registered the above vehicle in his name and in the intervening night of 5.9.15 and 6.9.15 the  said vehicle was stolen by somebody. It is further alleged that a FIR no.2384 dated 6.9.15  was registered in the Police Station Mehrauli. It is alleged by the complainant that claim form and all the documents were submitted to the OP for settling the claim.

2.     It is submitted that the claim was repudiated by OP Insurance Co vide letter dated  9.12.2015, on the false and frivolous ground that the said vehicle was found without registration at the  time of theft,  which was in violation of Section 39 of Motor Vehicle Act 1988.  This reads as follows:

 “No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has not been suspended or cancel and the vehicle carries a registration mark described in the prescribed manner”.  It is submitted that the complainant wrote a letter to the OP on 17.12.15 to settle his genuine claim and explained all the facts and circumstances but OP declined his claim”, hence this complaint.

 

3.     Complaint has been contested by OP.  OP has filed its written statement, wherein it denied any deficiency in services on its part and stated that the present complain is false, malicious, incorrect and is liable to be dismissed.  It is stated that claim was repudiated, as the vehicle in question was not registered at the time of theft which contributes violation of section 39 of M.V. Act 1998.    It is further alleged that the vehicle was purchased on 10.8.2015 and was not registered till 5.9.2015 i.e. the date of theft, hence the OP is not liable to pay the claim as the complainant has breached the statutory obligation and prayed for the dismissal of the complaint.

4.     Complainant has filed his evidence by way of affidavit.  He has placed on record photocopy of Policy referred above, photocopy of FIR, photocopy of untraced report, copy of premium receipt and photocopy of repudiation letters dated 9.12.2015 and 22.12.2015 in support of his case.

5.     On the other hand Sh. Dushyant Kumar Meena  on behalf of OP has filed affidavit in evidences testifying all the facts as stated in the written statement, along with the copy of terms and conditions, copy of repudiation letter  in support of its case. All the parties have also filed their respective written submissions.

6.     We have carefully gone through the pleadings and evidence record of the case and have heard the submissions of complainant and Ld. Counsel for the OP.

7.     It is argued by counsel for OP that claim was rightly repudiated, as the vehicle in question was not registered at the time of theft which contributes violation of section 39 of M.V. Act 1998.  On the other hand, it is argued on behalf of complainant that vehicle in question was purchased on 10.8.2015, the application for registration of the vehicle was made on 17.8.2015 with RTO, in support of his contention, Ld. counsel for complainant has drawn our attention towards the Invoice as well as the fresh fee receipt issued by the Transport Department  which shows that the application with the RTO was made on 17.8.2015.  The cover note was issued by Insurance Co. on 10.8.2015 and the policy in question was issued on 27.8.2015 and at the time of theft i.e. on 6.9.2015 the vehicle in question was covered under the policy.  The complainant has already completed the formality of registration of vehicle in question with RTO, moreover, at the time of theft, the vehicle was not in the moving condition, rather the same was kept parked by the complainant duly tied with the chain, In such a circumstances, the repudiation of the claim by the OP on the ground of breach of statutory obligation was unjustified and arbitrary.

8.     In view of above discussion, we are of the considered opinion that repudiation of the claim of the complainant by OP on false and frivolous amounts to deficiency in services on its part.  We therefore hold, OP liable for deficiency in services and direct as under:

 

1. Pay to the complainant sum of Rs.95,168/- along with 9% interest from the date of filing of complaint i.e. 7.4.2016 till payment.
2. Pay to the complainant sum of Rs.10,000/- toward compensation for pain and  mental agony suffered by him which will 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 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both the parties free of cost by post. File be consigned to R.R.

 

Announced in open Forum on 19/12/2018. 

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER