Delhi

West Delhi

CC/16/138

Ram sharma - Complainant(s)

Versus

Bajaj Allianz General Insurance - Opp.Party(s)

30 May 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO.138/2016

Sh.Ram Sharan ,

S/o Shri Tilak Ram,

H.No. 181, Kamal Vihar,

Kamaal Pur, Burari,

Delhi-110084                                                       ..…. Complainant

VERSUS

M/s Bajaj Allianz Insurance Co. Ltd.

Block No.04, 7^th Floor , DLF  Tower

15-Shivaji Marg,
New Delhi-110015                                                 ….Opposite Party  

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The complainant in order to earn his livelihood purchased E-Rickshaw bearing No. DL-1ER-0372 and  got the same insured with OP-1 on 19.08.2015  for a  period of one year.  Unfortunately the said E-Rickshaw was stolen  on 25.11.2015 from  Azadpur Chowk  at about 7.00 P.M.   for which he lodged FIR  with Police Station Adarsh Nagar vide FIR No. 768/2015. At the time of theft material documents such as Driving License, Driving Batch, and other ownership  documents etc. were in the Rickshaw  and one of the keys was  also left in the vehicle. Complainant  filed complaint with OP which  was rejected  vide order dated 17.12.2015 on the ground that  at the time of  theft vehicle was unlocked and original key was inside  the vehicle  which has directly  contributed to the theft of the vehicle and is violation of Policy term and condition No. 4 which states that the insured shall take  all reasonable steps to safeguard  the vehicle from loss or damage and to maintain  in efficient condition.   Since the terms and conditions were not  made known to the complainant, therefore, the rejection of claim was unjustified.  Hence the present   complaint.

2.     OP filed  written  submission admitting the  Insurance Policy of the                  E- Rickshaw of the complainant  but alleged that at the time of the  theft the vehicle was unlocked and the original key was inside  the vehicle  which directly contributed  to the theft of the vehicle.  Hence the claim was  not payable.

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint. He mentioned documents in support of his evidence Ex PW 1/1 to Ex PW 1/6.   On the other hand Shri Dushyant Meena, Legal Officer filed  affidavit in evidence on behalf of O.P testifying all the facts as stated in the written statement.  Both parties also filed its respective written submission. 

4.     We have heard the counsel for the complainant and perused the  written arguments of parties.  

5.     In the present case the only controversy is as to whether  the leaving of key in the ignition of the  vehicle  attracted the violation  of the term 4 of the policy or not.  The contents of the FIR would show that the complainant parked his E- Rickshaw near Mukund Pur, Azadpur  Chowk at 6.00 P.M. and  had gone to Akash Cinema for  some work and when he returned at about 7.00 P.M.  he found  the vehicle  missing.  The version of complainant in FIR   clearly shows that he left the vehicle unattended and that too with key in the ignition for over  one hour thereby providing a  golden opportunity  for its disappearance.   In case title National Insurance  Co. Ltd.  Vs Ram Singh  Gurjar   Revision  Petition  No. 4887 /13 ( NCDRC) decided on 18^th September Justice K.S. Choudhary  held -Complainant stopped vehicle for urination -  Four unknown persons were sitting  in the vehicle- key left in ignition-  Occupants took away vehicle- Negligence of insured- claim rejected.

 

7. Keeping in view of the aforesaid discussion and circumstances of the case, we are of the considered view that O.P cannot be held liable for any kind of deficiency in service as alleged by complainant.Therefore, the complaint is dismissed.There is no order as to costs.                                                                                                                                                                                                   Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

 

Announced this__30TH____ day of __May _____ 2019.

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                              MEMBER