Delhi

New Delhi

CC/1205/2009

Chetan Srivastava - Complainant(s)

Versus

M/S. Cholamandalam MS General Insurance Company Ltd. - Opp.Party(s)

03 Mar 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/1205/09                                                                                                                                                                              Dated:

In the matter of:

Mr. Chetan Srivastava,

D-89, 3^rd FL, Kamla Nagar,

New Delhi-110007

……..COMPLAINANT

       

VERSUS

M/s. Cholamandalam MS General Insurance Co. Ltd,

9^th FL, Kanchenjunga Building,

Barakhamba Road, New Delhi-110001

                                         ………. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

The short complaint of deficiency alleged against OP is that it repudiated the theft claim of car bearing no.DL-1CH-830 which was duly insured on the day of theft in Delhi on 19.01.08. It is alleged that this repudiation is without any legal basis and arbitrary, after complainant has furnished all information. The OP in reply states delay in registration of FIR, and that OP Company was informed on 04.11.08, after 16 days.

We have considered the rival position and find that vide DD entries no.9A, dated 19.01.08, P.S, Roop Nagar, Delhi, the police was informed of theft immediately, vide Annexure 17 to the complaint, we find that no doubt the OP to intimation was given late, which is breach of condition of policy to immediately inform the company, but in view of judgement of Hon’ble Supreme Court the breach of condition is not germane in cases of theft of vehicle as held by Supreme Court in Nitin Khandelwal Vs. United India Assurance Company. OP should have settled it on non standard basis. OP is directed to settle the claim on non standard basis by paying 75% of the claim with interest of 9% from date of repudiation of claim. We also award Rs.10,000/- towards litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

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

 

 

        Pronounced in open Court on 03.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER