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Anil Kumar filed a consumer case on 01 Jun 2015 against M/S. National Insurance Company.Ltd. in the New Delhi Consumer Court. The case no is CC/687/2010 and the judgment uploaded on 11 Jun 2015.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,
VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110002.
Case No.CC/687/10 Dated:
In the matter of:
Sh. Anil Kumar,
S/o N.M Lal,
R/o BE-38, 1st Floor, Shalimar Bagh,
New Delhi-110088
……..COMPLAINANT
VERSUS
The National Insurance Co. Ltd.,
10, 101-106, N-1, BMC House,
Connaught Place, New Delhi-110002
Also at:
Division no.IX, 302,
3rd Floor, N.N. Mall,
Manglam Place (Near M2K Cinema),
Secto-3, Rohini, Delhi-110085
……. OPPOSITE PARTIES
ORDER (Oral)
Date of Arguments: 01.06.2015
Member: Ritu Garodia
Present: Counsel for the OP.
None for the Complainant.
Arguments heard.
The short facts of alleged deficiency are that a vehicle bearing registration no. DL-IC-L-1055 was insured with OP vide policy no.11751768 for an assured amount of Rs.4,84,994/-. The aforesaid vehicle was stolen on 01.09.06 and FIR was duly registered on 20.09.06. A claim was filed which was repudiated. Therefore this complaint was filed.
OP has repudiated on grounds of delay in intimation of theft. Scrutiny of record reveals that the intimation for theft was made to OP on 03.11.06. There has been a delay in filing of DIR for 20 days and delay in intimation to OP by almost two months. Further the complaint was filed on 20.05.10 whereas the OPs has finally repudiated the claim on 28.02.07, thereby barring the complaint by laws of limitation. It is well settled prepositions that delay in intimation to insurance company compromise their right to make investigation immediately after the incidence of theft. The OPs cannot be blamed for inaction and negligence by complainant.
There is no deficiency in service on part of insurance company and therefore the complaint is dismissed.
File be consigned to record room.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 01.06.2015.
(C.K.CHATURVEDI)
PRESIDENT
(S.R. CHAUDHARY) (Ritu Garodia)
MEMBER MEMBER
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