Haryana

Kurukshetra

124/2016

Amit Garg - Complainant(s)

Versus

Iffco-Tokio - Opp.Party(s)

Arvind Bhardwaj

19 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

                                                Complaint no. 124/16.

                                                Date of instt.  4.5.16.

                                              Date of Decision 19.1.18.

 

Amit Garg son of Ramesg Garg, resident of village and Post Office, Amin, Tehsil Thanesar,District  Kurukshetra.     

       

                                                                                                                                                        …….complainant

                          Vs.

 

IFFOCO TOKIO General Insurance Company Limited, Branch Office, Sector-17, Kurukshetra and registered office IFFCO Sadan C-1, District Centre, Saket, New Delhi, through its Manager/authorized signatory.

                                                        ….OP.

 

Complaint under section 12 of Consumer Protection Act.

 

Before:              Sh. G.C. Garg, President.    

       Dr. Jawahar Lal Gupta, Member.

       Smt. Viraj Pahil, Member,

                       

Present:       Sh. Arvind Bhardwaj, Adv. for complainant.

                   Sh.  Gaurav Gupta, Adv. for the Op.

 

ORDER:

 

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Amit Garg against IFFOCO TOKIO General Insurance Company Limited, opposite party.

2.            It is stated in the complaint that the complainant is registered owner of a motor cycle bearing registration No.HR-07P/5660 and the same was insured with the Op vide policy bearing No.83826298 for the period w.e.f. 3.5.2013 to 2.5.2014. On 31.12.2013 the above said vehicle was used by the friend of complainant, namely, Pardeep son of Karam Singh and the same was stolen near the office of Max Life Insurance Company, Sector-17, Kurukshetra and FIR No.15 dated 6.1.2014 was registered in police station, Thanesar. Thereafter, the intimation regarding the incident was given to the OP. The police has not submitted any untraced report and the complainant always approached the OP but the OP postponed the matter on one pretext or the another. Thus, it amounts to deficiency in service on the part of Op. Hence, the present complaint was moved by the complainant claiming the insured amount of Rs.27,000/- along with interest @ 18% per annum and Rs.30,000/- towards harassment and mental agony.

3.                   Upon notice, opposite party appeared and contested the complaint by filing written statement taking preliminary objections that the complaint is not maintainable; that the complainant has not come to this Forum with clean hands and has concealed the true and material facts and as such he is not entitled to any relief. The true and real facts are that on receiving intimation regarding the loss Shri R.N. Sharma, Investigator was appointed to investigate the matter, who after investigation it was found that vehicle was sold by the complainant to Karan Singh and had received the payment from the purchaser prior to theft and after purchase of motor cycle Karan Singh did not comply with the General Regulation-17 of the Motor Tariff. Consequently, the complainant insurable interest in the stolen vehicle had terminated before its reported theft and as such the claim of the complainant was closed as “No Claim”. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering OP and as such, the complaint of the complainant is liable to be dismissed with costs. On merits, the contents of the complaint were denied. Preliminary objections were repeated. Prayer for dismissal of the complaint was made.

4.            Both the parties have led their respective evidence to prove their version.

5.             We have heard the ld. Counsel for the parties and have gone through the record available on the file carefully.

6.             It is undisputed that the motor cycle bearing registration No.HR-07P/5660 insured with the OP vide insurance policy bearing No.83826298 for the period 3.5.2013 to 2.5.2014. It is also undisputed that the vehicle in question was stolen on 31.12.2013 during the subsistence of period of insurance. The contention of the counsel for the OP is that the vehicle was sold by the complainant to Karan Singh and had received the payment from the purchaser and as such, the complainant has no insurable interest. In our view, this plea of the learned counsel for the OP is not tenable at all because the registration certificate is still in the name of the complainant Amit Garg and he has not transferred the vehicle to Karan Singh. Moreover, the insurance policy is also stands in the name of complainant, so mere stating that the vehicle in question was sold to Karan Singh prior to theft is not sufficient to repudiate the claim of the complainant.

7.            So far as the question of the claim amount is concerned, the Op declared the value of the vehicle, estimated to the tune of Rs.27,000/-. So, we are of the view that the complainant is entitled to the said amount of Rs.27,000/-.

8.               So, in such like circumstances, we accept the present complaint and direct the opposite party to pay the amount of Rs.27,000/-to the complainant. This order should be complied within a period of two months, failing which penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party and in that case also the Ops shall be liable to pay the simple interest @ 6% per annum on the amount of Rs.27,000/- from the date of order till its payment. File be consigned to record after due compliance.

                 Copy of this order be communicated to the parties.

Announced:             

Dt. 19.1.18.                                               (G.C.Garg)

                                                                President,

                                                  District Consumer Disputes                                                          Redressal Forum, Kurukshetra.

 

 

       (Dr. Jawahar Lal Gupta)            (Viraj Pahil)

         Member                                 Member