Delhi

New Delhi

CC/562/2010

Om Pal - Complainant(s)

Versus

M/S. The United India Insurance Co.Ltd. - Opp.Party(s)

06 Jan 2023

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.562/2010                                     

IN THE MATTER OF:

 

 

Mr. Om Pal S/o Sh. Rati Ram

R/o E-412, Ashok Nagar,

Kachcha  Rohtas Nagar, Delhi-110093.                       ..... COMPLAINANT

Vs    

The United India Insurance Co. Ltd.

Through Sh. R.S. Yadav, Senior Divisional Manager,

Divisional Office No. 3/DAV,

60, Janpath, New Delhi-110001.                        ..... OPPOSITE PARTY

 

Quorum:

Ms. Poonam Chaudhry, President

Shri. Bariq Ahmad, Member

Shri. Shekhar Chandra, Member

                                                                     

                                                 Date of Institution:20.04.2010

                                             Date of Order     :  06.01.2023

O R D E R

POONAM CHAUDHRY, PRESIDENT

1. The present complaint has been filed under Consumer Protection Act, 1986 (in short CP Act) alleging deficiency of services against the opposite party (in short OP). Briefly stated the facts of the case are that the complainant

Ompal had purchased the vehicle Tata Safari Décor from Shree Vasu Automobiles Ltd. from the authorized dealer of Tata Motors on 17.09.2008 and the same was registered, in the name of complainant on 15.11.2008 vide Registration No. DL 5CE 1235, Chasis No. 403081GRZN12298 and Engine No. 2LDICR6GRZ J21036 and insured in the name of complainant vide Policy No. 040300/31/08/01/00004074 from 12.09.2008 to 11.09.2009 and the premium for the aforesaid policy of Rs. 30595/- (Rupees Thirty Thousand Five Hundred Ninety Five) was also paid by complainant.

2. It is further alleged that initially the aforesaid vehicle was booked as well as insured in the name of Radhey Shyam Arora S/o Sh. Sita Ram but later on after getting it registered, the insurance policy of the vehicle was also transferred in the name of complainant w.e.f. 17.09.2008 at 14.32 hrs. by the respondent and the transfer fee for the same was paid by the complainant to the respondent.
3. It is also alleged that subsequently the said vehicle was stolen from the residence of the friend of Complainant Neeraj Kumar, House No. SF 2, Plot No. 9/206, Sector 3, Rajender Nagar, Sahibabad, Ghaziabad in the night of 22.01.2009 and the FIR for the same was got registered by Neeraj Kumar in Police Station Sahibabad, Ghaziabad vide Case No. 149/09 u/s 379 IPC. The complainant also informed about the theft to M.L.O. Transport Authority, Loni Road, Delhi.
4. It is also alleged that the complainant filed the claim of his vehicle with OP on 27.01.2009 with complete documents as required and asked by the official of respondent. One surveyor Mr. Dheeraj visited to the complainant and again asked for the documents which were already submitted with claim to respondent.
5. It is further stated that Final Report dated 22.02.2009 bearing Final Report No. 216/2009 was filed by police official P.S. Sahibabad in the above Case No. 149/2009 before Hon’ble C.J.M. Ghaziabad. That the OP again appointed another surveyor Mr. B.R. Sharma for investigating the matter and he called up the complainant to his office number of times.
6. Complainant sent two legal notices to OP. The respondent after receipt of the above said legal notices, neither tried to contact the complainant nor made any efforts to resolve the issue of the complainant or sent any reply.
7. It is prayed that respondent be directed to make the payment of insured’s declared value of Rs. 8,66,898/- (Rupees Eight Lakh Sixty Six Thousand Eight Thousand Ninety Eight) with interest @ 12% p.a. from the date of filing of the claim to the respondent as well as to make  the payment of Rs. 1,00,000/- (Rupees One Lakh) for business loss, Rs. 25,000/- (Rupees Twenty Five Thousand) and Rs. 50,000/- (Rupees Fifty Thousand) as damages/ compensation for harassment, mental agony and Rs. 25,000/- (Rupees twenty Five Thousand) as legal expenses.
8. Notice of the complaint was issued to OP. OP entered appearance and filed written statement inter alia stating that the complainant had no cause of action and hence the same is liable to be dismissed. It was also alleged that the company was not liable to pay any claim as the complainant had filed a false compliant for unlawful gain.
9. It was alleged the vehicle in question was booked as well as insured in the name of Radhey Shyam Arora. But later on said vehicle was got registered by the complainant in his name, the insurance policy was also got transferred by insured in his name.
10. The complainant got the vehicle in question insured with the OP vide policy No. 040300/31/08/01/00004074, effective from 12.09.2008 to 11.09.2009 for a sum insured of Rs. 8,66,898/- (Rupees Eight Lakh Sixty Six Thousand Eight Hundred Ninety Eight).
11. It was also stated that the complainant reported that the vehicle of the insured was stolen from the residence of his friend Neeraj Kumar, House NO. SF-2, Plot No. 9/206, Sector 3, Rajender Nagar, Sahibabad, Ghaziabad in the night of 22.01.2009 and the FIR of the same was got registered by Neeraj Kumar in the Police station, Sahibabad, Ghaziabad vide Case No. 149/09 Neeraj Kumar Vs. Unknown U/s 379 of the IPC. That the complainant submitted the claim of his vehicle to the Insurance Company on 27.01.2009. It was alleged that the vehicle was purchased in the name of one person, it was registered and insured in the name of another person and used by a third person. It was also stated that as insured is not the owner, the complaint was not maintainable and be dismissed.
12. We have heard the Ld. counsels for parties and perused the record.
13. It is to be noted that there was deficiency of service by OP as claim was denied although vehicle was registered and insured in the name of complainant w.e.f. 17.09.2008.
14. We accordingly hold OP guilty of deficiency of service and direct OP to pay the IDV of Rs. 8,66,898/- (Rupees Eight Lakh Sixty Six Thousand Eight Hundred Ninety Eight Hundred Ninety Eight) with interest @ 9% p.a. from the date of claim till payment. We also award Rs. 1,00,000/- (Rupees One Lakh) for deficiency of service, mental agony.

 

15. OP is directed to comply the order within 4 weeks from the date of receipt of the copy of order otherwise action under Section 25/27 of the Consumer Protection Act can be initiated by complainant.

A copy of this order be sent/provided to all the parties free of cost. The order be uploaded on the website of this Commission.

File be consigned to record room along with a copy of the order.

 

POONAM CHAUDHRY

                                                    (President)

  BARIQ AHMAD                                                                     Shekhar Chandra  

         (Member)                                                                            ( Member)