Delhi

New Delhi

CC/323/2012

Sunil Kumar - Complainant(s)

Versus

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

30 Jan 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/323/12                                                                                                                                                                                Dated:

In the matter of:

Sh. Sunil Kumar,

S/o Sh. Yad Ram,

R/o H.No. 369-A,

Village-Barwala, Near Samadhi,

North West, Delhi-110039

……..COMPLAINANT

       

VERSUS

M/s. Future Generali Insurance Co. Ltd.,

The Concerned Officer/Manager,

Future Generali Insurance Co. Ltd.,

33f FL, Kailash Building, K.G Marg, Delhi-110001

………. OPPOSITE PARTY

 

 

ORDER

President: C.K Chaturvedi

 

We have summarily considered the complaint of alleged deficiency on the part of OP in not sanctioning claim for repair of vehicle no.DL1LM6495 of complainant, which was hit by a truck and complainant got it repaired from an authorized workshop spending Rs.1,57,323/-, but OP repudiated the claim on the ground that complainant had claim  20% NCB, by incorrectly describing that he had take no NCB from earlier insurer. The OP in reply has stated that on verification it found that complainant had taken a claim from earlier company, which he did not disclose. OP asked complainant to explain this which he failed to respond.

We have gone through the matter closely. OP has placed on record judgment of National Consumer in a similar case, in Revision Petition no.1255/09 in the case of TATA AIG General Insurance Co. Vs. Gulzari Singh. The National Commission has cited judgment of Hon’ble Supreme Court in (1991) 1 SCC 357 and (1966) 3 SCR 500, in support of problem that contract of insurance company is of good faith and assured is under solemnly duty to disclose all facts. In view of these judgments, we find that OP cannot be faulted and repudiation of claim cannot be termed as deficiency. 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 30.1.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER