Delhi

New Delhi

CC/99/2015

R.R.A.J. Constructions Pvt.Ltd. - Complainant(s)

Versus

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

13 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.99/2015

 

 

R.R.A.J. Construction Pvt. Ltd.,

O/o House No.9293. LIG Flats,

Vasant Kunj,  New Delhi-70.

….Complainant

Vs.

 

1. M/s IFFCO-Tokio General Insurance Co. Ltd.,

       Through its MD/Manager/A.R.

       Office No.416 & 421, 4^th Floor,

        Building No.23, Narain Manzil, Barakhamba Road,

         Connaught Place,

         New Delhi-110001.

 

2. M/s Ring Road Honda BAS Engineering,

        Through its Manager/Prop./A.R.,

         a-2, Udyog Nagar, Industrial Area,

          Rohtak Road, New Delhi-07.

....Opposite parties

 

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is owner of vehicle bearing  No.DL 4CNC -5353  duly insured with OP-1 for a period from 30.10.2014 to  29.10.2015 vide  policy No.ITG/82108880.  It is alleged by the complainant that above said vehicle met with an accident on 25.12.2014. It is further alleged that the intimation was given to the OP Co.  It is submitted by the complainant that the OP-1 informed him that his claim was denied as the recovery of NCB(No Claim Bonus) is pending against the policy in question. The  complainant paid an amount of Rs.2980/- as demanded by the OP-1 vide cheque No.000708 dt. 29.12.2014.  The complainant paid a sum of Rs.70,426/- to OP-2. Despite receiving the deficient amount against NCB, OP-1 refused to settle the claim of the complainant. The complainant lodged a claim  with  OP-1 for reimbursement but despite repeated follow up, nothing was done by the OP to settle the genuine claim of the complainant, hence, this complaint.

2.     Notice was sent to both the OPs. None appeared on behalf of OP-1, therefore, it was proceeded ex-parte vide order dt. 21.10.2016 by our predecessor bench.

3.     Complaint has been contested by OP-2.  OP-2 has filed its written statement, wherein it denied any deficiency in services on its part and stated that there is no consumer dispute between the complainant and OP-2.  The OP-2 had repaired the car in question against which he received the payment from the complainant.  Hence, the present complaint be dismissed being having no cause of action qua OP-2.

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

5.     On the other hand Sh. J.S. Harit, Assistant Manager(Legal) of OP-2 has filed affidavit in evidences testifying all the facts as stated in the written statement.  Both the parties have also filed their respective written submissions.

6.     We have carefully gone through the record of the case and have heard the submissions of  Ld. Counsels for both the parties.

7.     Some facts are not denied by the parties such as the Insurance Policy, the accident in question, the only point needs to be considered is that whether the repudiation of the claim of the complainant on the ground of non disclosure of the previous claim by him i.e. NCB justified.

8.     The complainant in his complaint had stated that OP-1 had denied his claim on the issue of NCB which was conveyed to it by OP-2, whereas OP-2 in its written statement has totally denied at Para-8 of reply on merits the aforesaid contention.  The complainant has further alleged that he had paid a deficient amount of Rs.2928/- to OP-1 through OP-2 by way of cheque. Despite bare version nothing has been placed on record by the complainant to prove that his claim was rejected by OP-1 on the ground of NCB and lateron after the accident he paid the deficient amount to OP-1.

9.     In view of the above discussion, we are considered opinion that the complainant failed to establish the case of deficiency in services against the OPs. We find no merits in the complaint,  same is hereby dismissed.

A copy of this order be sent to both parties free of cost by post. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on  13/11/2019.

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER