Delhi

New Delhi

CC/196/2011

Jahangir Alam - Complainant(s)

Versus

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

06 Jun 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/196/11                              Dated:

In the matter of:

Mr. Jahangir Alam,

S/o Mr. Nawab Husai,

R/o 2514/8, Baghichi Raghumath,

Sadar Bazar, Delhi

 

                 ……..COMPLAINANT

       

VERSUS

1. National Insurance Co. Ltd.,

        Through Divisional Manager,

        Division Office-X, Flat no.101-106,

        1^st Floor no.1, BMC House, Connaught Place,

        New Delhi

 

2. ICICI Bank Ltd.,

        Through its Manager,

        Rohini Branch, New Delhi

                        ………. OPPOSITE PARTIES

 

ORDER

President:  C.K. Chaturvedi

The complaint of deficiency is against the denial of claim for damages of Honda City Car no.DL-3CB-4414, in an accident on 26.07.10 in Lodhi Colony. The car was insured with OP. The intimation of accident was given to Police. The police registered a case U/S 340A IPC as life of labourers was lost. The investigation found that Shahid was driver, with valid Driving License and other occupants of the car were drunk. The car was taken for repair after survey by insurance company but the insurance company did not clear the claim but repudiated the claim, stating that driver was drunk. Therefore this complaint.  

The OP’s defense was struck off, as it did not filed reply. However, it has failed to produce any evidence in support of this fact, and it has taken a false plea.

We have considered the evidence of the complainant and documents on record. An application by counsel of OP Shally Rohtagi address to OP is on record. She has admitted having taken a false plea in arguments, about driver being drunk. In our considered view, in the face of these facts, the OP has committed deficiency, by falsely repudiating the claim. We hold it liable for deficiency and direct OP to pay the claim amount of Rs.6,50,017/- for damages repair. We also award compensation of Rs.50,000/- for deficiency and ligation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP 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 06.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)

 MEMBER