Delhi

New Delhi

CC/1058/2011

Balaji International - Complainant(s)

Versus

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

17 Jul 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/1058/11                                  Dated:

In the matter of:

Balaji International,

Through its sole proprietor,

Mr. Rakesh Mangla,

J-3018, DSIDC Industrial Area,

Narela, Delhi-110040

……..COMPLAINANT

       

VERSUS

HDFC Ergo General Insurance Co. Ltd.,

Through its M.D/Director/Authorized Officer,

Ground Floor, Ambadeep Building-14,

K.G Marg, Connaught Place, New Delhi-110001

 

        ……..OPPOSITE PARTY

 

ORDER

President:  C.K. Chaturvedi

 

The complainant of deficiency is in respect of rejection of theft of vehicle claim by OP, on grounds of late intimation of 21 days to police & OP Insurance Company. The facts alleged that complainant had a TATA 407 vehicle no.DL-1LK-9253 duly insured with OP, and under finance from HDFC Bank. The vehicle was stolen on 20.04.10, at 7.PM and a FIR placed on record mentions that the incident was reported on 04.05.10. OP was also informed and a surveyor approached complainant on 11.05.10, asked the complainant to submit the papers. The same were done by Exh.CW1/5. Police could not trace the vehicle vide Exh.CW1/6 and by reject letter Exh.CW1/9 & 1/10, OP rejected the claim on delay grounds. Therefore this complaint was filed.

The OP in its reply has pointed out the foremost condition in the policy which requested immediate information to complainant & police. The OP has sent the investigator only on 11.05.10 after getting information of theft 1^st time. The FIR Exh.CW1/4 itself record the intimation date as 09.05.10.

We have considered both the parties & summarily considered the matter. The complainant has failed to explain the delay of 21 days in reporting theft. Such a condition caste a doubt on the case of complainant on the facts. The OP has established breach of condition and thus it has rightly repudiated this claim.

Without prejudice to above, the OP should consider the settlement on non-standard basis, if it is otherwise satisfied on other facts.

The complaint is thus dismissed.

File be consigned to record room.

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

 

 

Pronounced in open Court on 17.07.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER