Case No. 67/2023   

IN THE MATTER OF

Abu Talib Hasan Khan S/o Aftab Hasan Khan R/o 119 Safina Apartment SBI Bank Medical Road, Aligarh U.P. through authorized representative Aftab Hasan Khan (Father) r/o B2 Sarah Residency, Muzammil Manzil Near Blossom School, Aligarh

                                                         V/s

1. Iffco-tokio Generals Insurance Company Ltd. Reged Office IFFCO Sadan C1 District Center Saket New Delhi through authorized signatory
2. Mr. Titendra Kumar Ground Floor IFFCO House 34 Nehuru Place, New Delhi
3. Iffco-tokio Generals Insurance Company Ltd. Sumriddhi Business Suites, Suit No.102 103 First Floor Block 38/4A Sanjay Place ,Agra                                                                     

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pat to the complainant Rs. 73568 to reimburse the complainant against the damades caused to the motorcycle in accident.
2. The Op be directed to pay litigation expenses Rs.10000/.

2. The Complainant has stated that he has been filing this case through his father Mr. Aftab Hasan Khan to direct the OP to reimburse the complainant for the damages cause to the motorcycle in the accident. The motor cycle No. UP 81CH 5859 was registered in the name of the complainant and was insured with the OP during the period from 25.9.2022 to 24.9.2023. On 24.12.2022 complainant’s friend Sabber Ali S/o Monish Khan had taken the motor cycle for shopping which was hit by the car at about 11.45O’clock behind dental college , AMU, Aligarh whereby the motorcycle was damaged. The rider of motor cycle Sabir Ali was having  valid driving license. Complaint inform the company immediately on phone and loundged the FI R the damaged motor cycle was brought to Shiva auto Agra road, Aligarh for repairs and  the service estimate at Rs. 73568.25 was given on 11.2.2023.OP declined to settle the claim submitted by the complainant on 9.2.2023. It was mentioned by the OP that as per condition 1 of the poicy notice shall be given in writing to the compny immdately upon the occurance of any accidental damage and as per condition no8 due observance and fulfillment of the terms, condition and androsment of the policy.the observation of the servuyor in his report to the effect that vehicle was not produce for seryer is not correct. OP had illegally and wrongly closed the claim with reference to the above conditions.
3. Ops submitted in that the complainant got his motorcycle bearing registration no. UP 81 CH 5859 insured with the op no.1/ Iffco vide policy no. MQ 916844 valid for the period w.e.f. 25.9.2022 to 24.9.2023 when the claim was preferred caused to the motor cycle in accident alleged to have occurred on 24.12.2022, Op no.1 registered the claim as claim no. 37S 82110 and started processing the same. Complainant was requested to produce vehicle for final servuy and to submit the documents. Request letters were send to the complainant but the complainant did not comply with the request and the claim was closed. It was made clear that as per condition no.1 of the policy notice shall be given in writing to the company immediately upon the occurance any accidental loss of damage and thereafter insured shall give all such information has the company shall require. As per condition no.8 of the policy complainant is require for the due observance and fulfillment of the terms and condition and endorsement of the policy.
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has proved damages caused to the motor cycle in the accident by the service estimate annexure 5 prepared by Shiva Auto.  Complainant has supported the service estimate annexure 5 with affidavit. There is nothing to disbelieve the service estimate. Op has alleged that the surveyor had reported that vehicle was not produced for survey and complainant violated the condition no.1 and 8 of the policy. It  has been deposed in  affidavit on behalf of the complainant that it was false to allege that no document was produced to the surveyor and the observation of the surveyor in report that vehicle was not produced for survey was not correct. The deposition made on behalf of the  complainant  is not rebutted by the surveyor. The allegations labelled  by the OP in respect of violation of  condition no 1 and 8 of the policy are not proved. Moreover the said allegations are not of such a nature whereby the settlement of the claim could be denied. If there was requirement of any specific compliance by the claimant he could have been informed in writing. In the absence of any notice given to the claimant it is not just and proper to close the claim. Op has wrongly close the claim and is liable reimburse the complainant as per estimate at Rs.73568.25 .         
8. The question formulated above is decided in favor of the complainant.

9. We hereby direct the Op to reimburse the complainant for damages caused to the vehicle at Rs. 73568 and to pay Rs. 10000 to the complainant for litigation expenses.
10. Ops shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.