Delhi

New Delhi

CC/49/2015

Mohit Chawla - Complainant(s)

Versus

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

28 Jan 2019

ORDER

 

 

                                      CONSUMER DISPUTES REDRESSAL FORUM-VI

                                       (DISTT. NEW DELHI),

                                         ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                             NEW DELHI-110001

 

Case No.C.C./49/2015                                          Dated:

In the matter of:

          Sh. Mohit  Chawla,

          S/o Sh. Delip Kumar Chawla,

           R/o H.No.193-194,

          Pkt.-10, Sec.21,

           Rohini,  Delhi-85.

                …… Complainant

 

Versus

1.              Chief Manager,

IFFCO TOKIO General InsuranceCompany Ltd.,

     416-421, 4^th Floor,

    Narain Manzil Building 23,

   Barakhamba Road,

  New Delhi-110001.

 

2.              Branch Manager,

Regd. Office at :

IFFCO Sadan,

C1 District Centre,

Saket, New Delhi-110017.

 

                ……. Opposite parties

 

NIPUR CHANDNA, MEMBER

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The complainant is owner of the motorcycle make TVS Apache, Model-2012 bearing registration No. DL 8SND 9729  with Engine no.2385010 duly insured with  OP-1 on 17.7.2013 vide its policy bearing No.1-27DPR3U w.e. f. 18.7.2013 to 17.7.2014, he paid a sum of Rs.1508/- as a premium.   It is alleged by the complainant that on 23.06.2014, the vehicle in question was found stolen from outside his house.  FIR bearing No.674/2014 dated 23.6.2014 was lodged u/s 379 of IPC with P.S. Begum Pur.  It is submitted that intimation was given to the OP regarding the theft of the vehicle through telephone.  The claim was lodged  and all the requisite documents were also submitted but till date, neither OP repudiated  the claim  nor has settled  the same. It is further submitted by the complainant that he had also sent a legal notice dated 4.12.2014 to OP Insurance Co.  for settling the claim but nothing has been done  by the OP till date, hence this complaint.

2.     Consequent upon the receipt of complaint notice was sent to the OP.  Despite service, none appeared on behalf of OPs, therefore it was ordered to be proceeded with ex-parte on 8.4.2015 by the predecessor bench of this Forum. 

3.     Complainant has  filed his evidence by way of affidavit.  

4.     We have heard argument advance at the Bar and have perused the record.

5.     It is argued on behalf of complainant that in the month of June, 2015, his stolen vehicle was found and the information for the same was received from the Saharanpur Police Station.  On receipt of the information, the complainant informed OP about the vehicle.  The official of the OP directed the complainant to release the vehicle on Superdari and sent it to the service centre for repairs.  As per the instructions, the complainant repaired the vehicle and incurred the total expenses of Rs.46,370/- out of which OP paid a sum of Rs.28,470/- and he was compelled to pay a sum of Rs.17.567/- on account of the arbitrary deduction by the OP.  It is argued by the complainant that he visited several times at the office of the OP to receive the balance amount but OP under one pretext or other refused to grant the same.  

 

6.     Perusal of the file shows that the complainant has failed to place on record the bills  of repairing of motorcycle as well as the details of the payment made by the OP.   In such a circumstances, we are inclined to hold that the complainant failed to prove the deficiency in services as alleged against OP.  Consequently, we see no merits in this complaint same is hereby dismissed.

 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required.  The orders be uploaded on www.confonet.nic.in. File be consigned to Record Room.

 

Announced in open Forum on 28/01/2019. 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

                      (NIPUR CHANDNA)                                                  (H M VYAS)

                         MEMBER                                                                MEMBER