Delhi

North West

CC/611/2021

DEEPAK AGGARWAL - Complainant(s)

Versus

IFFCO TOKIO GEN.INS.CO.LTD. - Opp.Party(s)

MENDIRATTA AND ASSOCIATES

01 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION-V, NORTH-WEST GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
 
Complaint Case No. CC/611/2021
( Date of Filing : 08 Dec 2021 )
 
1. DEEPAK AGGARWAL
S/O SH.RAMLAL AGGARWAL R/O 8A-1,2ND FLOOR,NEAR MANAV CHOWK,SEC-15,ROHINI,DELHI-110085
...........Complainant(s)
Versus
1. IFFCO TOKIO GEN.INS.CO.LTD.
23-24,1ST FLOOR PEARL OMAXE,NETAJI SUBHASH PLACE,PITAMPURA,DELHI
2. ALSO AT-
IFFCO SADAN,C-1,DISTRICT CENTRE,SAKET,NEW DELHI
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
Dated : 01 Feb 2024
Final Order / Judgement

Present: None for the complainant.

Sh. Raghav proxy for Sh. R.K. Gupta counsel for OP.

 

Be awaited for complainant.

 

At 12:45 PM

Present: As above

 Be awaited for complainant.

 

At 02:30 PM

Present: None for the complainant.

Sh. Raghav proxy for Sh. R.K. Gupta counsel for OP.

 

Ld. Counsel for OP submits that he had moved an application before this Commission for dismissal of the complaint as the vehicle in question got recovered, he insisted that the application be decided as on the last date of hearing dated 10.01.2024 complainant counsel appeared and sought short adjournment for withdrawal of the present complaint.

            We have heard the arguments advance at the bar by Ld. Counsel for OP and have perused the record.

            Admittedly, the vehicle in question bearing no. DL10CL3611 has been recovered by P.S. Seppa, District East Kameng, Arunachal Pradesh and the original keys of the vehicle was also handed over by OP Ins. Co. to the complainant along with the NOC letter to the police authority K.N. Katju Marg, Rohini for getting the possession of the vehicle to the complainant.

            As per the order sheet dated 10.01.2024 short adjournment was sought on behalf of complainant for appearance of complainant as well as for withdrawal of the complaint. However, since morning despite repeated calls none appeared on behalf of complainant. The cause of action for filing the present complaint is in respect to the theft of the vehicle in question. Admittedly, the vehicle in question got recovered and as such no cause of action further accrued against the OP and in favour of complainant as with the recovery of the vehicle the cause of action for filing the present stands ceased and as such the present complaint is not maintainable before this Commission, hence dismissed. File be consigned to record room.

 

(SANJAY KUMAR)              (NIPUR CHANDNA)                      (RAJESH)

PRESIDENT                                    MEMBER                              MEMBER

 

 

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