Delhi

East Delhi

CC/963/2013

DEEPAK ARORA - Complainant(s)

Versus

NEW INDIA ASS. - Opp.Party(s)

19 Dec 2013

ORDER

DISTRICT CONSUMER DISPUTES RERESDSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC NO.963/13

 

DEEPAK ARORA

S/O SH. SOMNATH ARORA,

R/O 52/1, LAL QUARTER, LOHIYA NAGAR,

P.S. SIHANI GATE, GHAZIABAD.

 

                                                                                                                            Complainant

                                                      Vs

 

NEW INDIA ASSURANCE CO. LTD.

THROUGH ITS SR. DIVISIONAL MANAGER

10^TH FLOOR, SCOPE MINAR,

CORE-I, LAXMI NAGAR DISTRICT CENTRE, DELHI.

 

 

Opposite Parties

     

                                                  DATE OF ADMISSION-31.10.2013

DATE OF ORDER        -23.02.2016

 

O R D E R

 

SH.N.A ZAIDI, PRESIDENT

This complaint has been filed with the allegation that Car No.U.P.14 AN 6001 Maruti Esteem of which the Complainant is registered owner hypothecated it with ICICI bank Ltd and it was insured with the Respondent. This Car was driven by Mr. Rakesh Pasi who was asked to receive a friend of the Complainant from Delhi Airport on 19/06/2010. He fled away with the Car and his last location was noticed at Indirapuram Ghaziabad. Complaint of theft was lodged at Police Station Indirapuram which was registered by the Police u/s 406 IPC. A petition was presented before Superintendent of Police on 17/09/2010 to lodge the report u/s 379, 411 IPC against the driver Rakesh Pasi but no action was taken and Police submitted the final report which was accepted by the CJM on 13/09/2012. The intimation regarding the theft was given to the Respondent and he was asked to settle the claim but they ignored to settle the claim. Notice was served on 05/12/2012 but no action was taken. The Complainant has prayed for claim amount of Rs.2,50,000/- with 12% interest and Rs.1,00,000/- as compensation.

            Notice was served upon the respondent through speed post which was delivered on 29/11/2013. No reply was filed from the side of the Respondent and case proceeded ex_parte.

            Affidavit of the Complainant has been filed along with the documents by the Complainant.

            Heard and perused the record.

            This fact is clear from the policy of insurance that the vehicle in question was insured with the Respondent from 20/05/2010 to 19/05/2011. This incident took place on 19/06/2010 and the FIR was lodged on 03/09/2010, the intimation to the insurance company was also given. The final report is also been filed along with the complaint. The complainant has also filed on record the registered letter served on the Respondent at their Laxmi Nagar District Centre Office which was received on 05/11/2012 and notice issued was also served on the Respondent. There is no reply from the side of the Respondent regarding the settlement of the claim or rejection of the claim. The Complainant have provided all the relevant information and documents and the vehicle was covered under the policy of insurance on the date of the incident was incumbent upon the Respondent to have decided the claim but they are still sleeping over the claim of the Complainant which amounts to deficiency on the part of the Respondent. The Complainant has been suffering on account of non settlement of the claim.  We allow this complaint we direct the Respondent to pay to the Complainant the IDV value of this vehicle i.e. Rs.2,50,000/- with 9% interest thereon from the date of filing of this complaint till it is paid. We further award compensation on account of harassment, mental pain and agony a sum of Rs.20,000/- which shall also include the cost of litigation. Let all the amount be paid within 45 days from the date of this order.

Let copy of the order be served on both the parties as per rule.

 

 

(DR.P.N.TIWARI)                                                                                                        (N.A.ZAIDI)

         MEMBER                                                                                                                                          PRESIDENT