Delhi

New Delhi

CC/666/2012

Gurdeep Singh - Complainant(s)

Versus

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

02 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/666/12              Dated:

In the matter of:

SHRI GURDEEP SINGH

S/O SHRI PRITAM SINGH,

D-51, TAGORE GARDEN EXTENSION,

NEW DELHI-27

                   ……..COMPLAINANT

         

VERSUS

THE ORIENTAL INSURANCE COMPANY LTD & ORS,

ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD,

NEW DELHI-110001

 

………. OPPOSITE PARTIES

 

ORDER  [ ORAL]

Date of Arguments :2.6.2015

President: C K CHATURVEDI

Present: Counsel for both the parties.

Argument heard.

               

                Vehicle No. DL-IVA-4450 tempo Bajaj was duly insured and complainant deposited        sum from 3.4.10 to 29.4.14 and the same was stolen in the night intervening on 21.5.14 when it was parked near Mata Mandi, Fateh Nagar, Delhi.  He immediately informed police authorities and the Insurance Co. and FIR was recorded under sec.379 IPC.  The OP has repudiated the claim alleging that permit and fitness of the said vehicle was not certified.  OP in his reply has also taken the same plea while admitting the Insurance Policy. 

 

The Hon’ble Supreme Court in the case of Hariendra Pathak has held that violation of policy is not germane in a case of   theft. 

 In view of these conditions, OP is directed to settle the claim on non-standard basis in the light of observation of Supreme Court Judgment.  OP should have done so itself rather than repudiating the claim.

 

File  be consigned to record Room.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER