Ashish Kalra         Vs      IFFCO Tokio General Insurance          (CC No.07/2016)

Present        Shri Anurag Raghav, Adv for the complainant.

ORDER

                   Arguments on the point of admissibility already heard.

2.                The case of the complainant in brief is that the complainant was owner in possession of Car bearing Regd. No. HR-26-X-2383 and got the same insured with the OP w.e.f. 25.11.2013 to 24.11.2014 and during the subsistence of the insurance policy the said vehicle was stolen on 12.11.2014 regarding  which the complainant reported the matter to the police and FIR No.1180 dated 12.11.2014 u/s 379 IPC, P.S. City, Gurgaon was registered. The complainant reported to the opposite party and the opposite party has also appointed surveyor and the complainant submitted all the documents but even then the  claim of the complainant was not reimbursed.

3                 However, after going through the documents on file it emerges that the vehicle which was stolen is in the name of Alka Mahajan. In the Motor Claim Form the name of the insured has been mentioned as Mrs. Alka Mahajan and the name of registered owner has also been mentioned as Mrs. Alka Mahajan. Therefore, the complainant is neither the registered owner of the vehicle nor is having any insurable interest in the vehicle in question  and as the complaint is not maintainable before this Forum as the complainant is not a consumer of the opposite party as defined u/s 2(1)(d) of Consumer Protection Act, 1986. However, the registered owner having insurable interest can file a claim.

                   File be consigned to the records after due compliance.

                                      Member                 Member                 President,

                                                                                                DCDRF, Gurgaon

                                                                                                23.02.2016.