NCDRC

NCDRC

RP/4678/2010

M/S. SUNEET FINMAN PVT. LTD. - Complainant(s)

Versus

M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Opp.Party(s)

MR. P.C. GUPTA

04 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4678 OF 2010
 
(Against the Order dated 16/08/2010 in Appeal No. 907/2009 of the State Commission Delhi)
1. M/S. SUNEET FINMAN PVT. LTD.
101, Hargobind Enclave
Delhi - 110092
Delhi
...........Petitioner(s)
Versus 
1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
2nd Floor, 1, DLF Industrial Estate, Moti Nagar
Delhi - 110015
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.P.C.Gupta, Advocate
For the Respondent :NEMO

Dated : 04 Mar 2011
ORDER

Petitioner purchased a vehicle and gave it to one Jaibir Singh on hire purchase.  Jaibir Singh got the vehicle insured.  The insurance policy was issued in the name of Jaibir Singh.  Later on, Jaibir Singh surrendered the vehicle due to his inability to pay the monthly instalments.  Petitioner gave the vehicle to one Dilip Singh who in turn gave it to one Manoj. Vehicle was stolen while it was in possession of Manoj.  Petitioner lodged a claim with the respondent/insurance company which was repudiated on the ground that the petitioner did not have insurable interest and that the vehicle was insured in the name of Jaibir Singh, it is only Jaibir Singh who could claim the compensation.

          Petitioner being aggrieved filed a complaint before the District Forum which allowed the complaint and directed the respondent/insurance company to pay a sum of Rs.3,04,000/- along with compensation of Rs.90,000/- and Rs.10,000/- towards cost of litigation.

          Respondent/insurance company being aggrieved filed an appeal before the State Commission and the State Commission by the impugned order has set aside the order of the District Forum and held that the compensation could not be paid to the petitioner as it did not have any insurable interest.

          We agree with the view taken by the State Commission.  The policy was in the name of Jaibir Singh and the petitioner did not have an insurable interest to lay claim for reimbursement of the loss.

          Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.