Delhi

New Delhi

CC/235/2013

Sunita - Complainant(s)

Versus

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

19 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/235/13                                                                                                                                                                                Dated:

In the matter of:

Miss Sunita,

D/o Sh. Ranjit Singh,

R/o RZP-1-29, New Roshanpura,

Najafgarh, Delhi-110043

……..COMPLAINANTS

       

VERSUS

ICICI Lombard General Insurance Co. Ltd.,

3^rd FL, Narain Manjil,

23, Barakhamba Road, Connaught Place,

New Delhi

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

 

        The complaint of deficiency on the part of OP insurance co. is for repudiation of theft claim of the vehicle no.DL-2CAL-7018, of complainant insured with OP. The vehicle was stolen on 03.02.12 and was recovered in a damaged condition after accident by Police of Bahadurgarh. A case/FIR no.48/12 u/s 379 IPC was registered there. The OP was immediately informed about accident in writing. The vehicle on inspection by OP was in total loss condition. The complainant made a claim which has been repudiated on the ground that vehicle was stolen due to negligence of complainant in leaving the key in vehicle, as stated in FIR. The OP in its reply has reiterated the same ground citing violation of condition of policy etc.

        We have considered the rival case, perused the evidence and noted the oral submissions. The Complainant has explained that he has got down from the vehicle for use of ATM and was at a nearby shop, when someone drove vehicle away.

        We have considered the contention of OP. In our considered view, such normal incident of getting down from vehicle, for easing or for use of ATM etc are not negligence unless, as the owner/driver is present at the occasion and watching it. We thus, reject the plea of OP, and hold that there is no violation of policy in the facts & circumstances of the case. There is no other dispute.

        In the result, OP is directed to pay claim on total loss basis, with usual deduction as per rules and collect salvage from the complainant. We award interest of 9% on the claim amount to be paid by OP till payment. We also award a compensation of Rs.50,000/- inclusive of litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken 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 19.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER