Delhi

East Delhi

CC/84/2014

NEERAJ - Complainant(s)

Versus

NATIONAL INSURANCE CO. LTD - Opp.Party(s)

06 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  84/14

 

Shri Neeraj Kumar

R/o 244/99, School Block

Street No. 7, Mandawali

Delhi – 110 092                                                          ….Complainants

Vs.

1. National Insurance Company Ltd.

Off,: Hero Honda Vertical 101, 106

BMC House N1

Connaught Place,

New Delhi – 110 001

 

2. Fullertion India Credit Company Ltd.

Regd. Off.: Megh Towers, 3^rd Floor

Old No. 307, New No. 165

Poonamallee High Road

Maduravoyal, Chennai – 600 095                                      ….Opponent

 

Date of Institution: 27.01.2014

Judgment Reserved on: 06.07.2017

Judgment Passed on: 07.07.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Neeraj Kumar (complainant) against National Insurance Company Ltd. (OP-1) and Fullertion India Credit Company Ltd. (OP-2), praying for direction to Fullertion India Credit Company Ltd. (OP-2) for issuance of NOC and direction to National Insurance Co. Ltd. (OP-1) for payment of his claim for a sum of Rs. 44,793/- alongwith compensation for an amount of Rs. 50,000/- on account of harassment, mental agony and pain and Rs. 5,000/- towards cost of litigation.

2.       In the complaint, the complainant Shri Neeraj Kumar alleged that his vehicle no. DL 5S AK 1749 was financed by OP-2 and insured by OP-1.  The said vehicle was stolen on 22.01.2013 for which an FIR No. 57/2013 dated 24.01.2013 was lodged.  Insurance company was informed about the same.  Claim was submitted to the Insurance company, which did not process as the vehicle was not transferred in the name of the complainant.  The complainant made payment to OP-2 and requested for NOC.  However, OP-2 did not provide the NOC to the complainant.

3.       Written Statement was filed by both the OPs.  The pleas taken by the National Insurance Company (OP-1) in the WS need no mention as during the course of proceedings, they made the payment of Rs. 43,693/-, which was accepted by the complainant.  Since, the complainant accepted the claim and Counsel for the complainant was not having objection in respect of deleting the name of OP-1 from the array of the parties, their name was struck off.  The complaint only remained against Fullertion India Credit Company Ltd., who also issued NOC.  The only claim now remains against Fullertion India Credit Company Ltd. with regard to the compensation.

          In the reply filed by Fullertion India Credit Company Ltd., they have stated that they have issued NOC to the complainant when he made the full payment vide receipt of dated 23.10.2013.  They have stated that they have again issued the NOC to facilitate the complainant.  Other pleas have also been denied.

4.       In support of its case, the complainant have examined himself, who has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  In his affidavit, he has stated that they submitted NOC on the hearing on 07.05.2014. 

          Fullertion India Credit Company Ltd. (OP) have examined    Shri Pankaj Raja, who has deposed on affidavit.  He has also narrated the facts, which have been stated in the WS.  He has also got exhibited documents such as power of attorney (RW2/A1).  He has further stated that they issued the NOC when the complainant made the payment vide final receipt of dated 23.10.2013. 

5.         We have heard Ld. Counsel for the parties and have perused the material placed on record.  It is the case of the complainant that the complainant was not issued NOC by Fullertion India Credit Company Ltd.  inspite of his making the payment. 

          On the other hand, it has been stated on behalf of Fullertion India Credit Company Ltd. that they have issued NOC when the complainant made full and final payment against receipt dated 23.10..2013.  However, they have not placed the receipt to show that they have issued the NOC to the complainant on making his payment on 23.10.2013.  From the complaint itself, it is evident that vehicle was stolen on 22.01.2013 for which FIR was registered on 24.01.2013.  The complainant lodged his claim with the insurance company, which did not make the payment in the absence of NOC. 

          The fact that they have not placed the receipt showing that they have issued the NOC and the Insurance company have settled the claim only on filing the complaint by the complainant and have made the payment on 02.06.2015, certainly, there was deficiency on the part of Fullertion India Credit Company Ltd. (OP) and the complainant has suffered mental pain and agony for which he has to be compensated.

          Therefore, it is ordered that Fullertion India Credit Company Ltd. (OP) shall pay an amount of Rs. 25,000/- on account of compensation and Rs. 5,000/- as cost of litigation.  This amount of Rs. 30,000/- be paid within a period of 45 days.  If the same is not paid within the stipulated period, it will carry an interest  @ 9% p.a. from the date of order.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

(SUKHDEV SINGH)

                                                          President