Delhi

New Delhi

CC/1840/2009

Sanjay Singh - Complainant(s)

Versus

M/S. Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

19 Oct 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1840/09                      Dated:

In the matter of:

Sh. Sanjay Singh,

H.no.2622, Near Goverdhan Dairy,

Gali no.21A, Vishwakarama Marg,

Baljeet Nagar, New Delhi-08

……..COMPLAINANT

       

VERSUS

1. Bajaj Allianz General Insurance Co. Ltd.,

C-31/32, 1^st Floor, C.P, New Delhi-01

 

2. ICICI Bank Pvt. Ltd.,

B-23, Okhla Ind. Phase-I,

New Delhi-110020

                                         ……. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturvedi

The Complainant alleges deficiency on the part of Insurance Co. in repudiating the insurance claim consequent on theft of vehicle Tavera no.DL-14B-4138 allegedly insured with OP from 26.03.08 to 25.03.09. The vehicle was reported as stolen on the night of 30.08.08, from outside the house of complainant, and a police report was made same day, and a claim was submitted to OP company.

The OP Company informed the complainant the vehicle was not registered with it, because the cover note was forged, as it did not mentioned the IDV of the vehicle & other particulars, nor carries the seal of company or particular of agent etc.

It is seen from the order sheet dated 08.03.11, that complainant was asked to file rejoinder and evidence. The complainant did not file rejoinder to rebut the allegation of insurance cover being forged and it directly filed evidence, reiterating the case in complaint.

We have heard both the parties. OP2 is exparte. In our view, once the insurance company takes the plea that the vehicle is not insured, and the basis that cover note is forged, it ceases to be a consumer case, and complainant, if cheated by someone has to go to police for action against the person who insured or got issued the insurance cover, to investigate the truth and no consumer complaint is maintainable particularly, when complainant does not file rejoinder to rebut the allegations by disclosing how he got cheated or who cheated or naming person who issued cover note from OP.

Thus, the complaint is dismissed.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 19.10.2015.

 

                   

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER