NCDRC

NCDRC

RP/2328/2012

VIKAS KUMAR VERMA - Complainant(s)

Versus

CHIEF MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

ADV RAJESH KUMAR BHAWNAI

05 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2328 OF 2012
 
(Against the Order dated 20/04/2012 in Appeal No. 511/2011 of the State Commission Chhattisgarh)
1. VIKAS KUMAR VERMA
S/o Shri Surender Kumar Verma R/o Gudri Chowk Kedarpur
Ambikapur
Surguja
...........Petitioner(s)
Versus 
1. CHIEF MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD. & ANR.
1st floor Area Colony,Shopping Complex, Near BSNL Office Bioran Market
Bhopal - 462016
M.P
2. Ajay Jaiswal, S/o Shri H.S Jaiswal
Mayalodge Bus Stand,Ambikapur
Surguja
C.G
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :ADV RAJESH KUMAR BHAWNAI
For the Respondent :NEMO

Dated : 05 Oct 2012
ORDER

Aggrieved by the dismissal of his complaint by both the fora below, the petitioner / complainant has approached this Commission with the present petition purportedly filed under section 21(b) of the Consumer Protection Act, 1986. The insurance claim of the petitioner was repudiated primarily on the ground that on the date of peril the insured vehicle was not even registered with the concerned transport authorities and was being run without registration number either temporary or permanent, which was a violation of section 39 and 42 of the Motor Vehicles Act, 1988. 2. We have heard counsel for the petitioner. He would argue that even if there was a violation the claim of the petitioner could have been settled by the Insurance Company at least on on-standardbasis going by the GIC guidelines. We reject this contention because we feel that the kind of breach which the petitioner committed was fundamental in nature and could not have been condoned or waived or diluted and, therefore, there is no question of the claim being settled on on-standardbasis. The revision petition is dismissed being devoid of any merit.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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