Delhi

East Delhi

CC/487/2014

SUSHIL MALHOTRA - Complainant(s)

Versus

NEW INDIA INS - Opp.Party(s)

05 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 487/14

Mr. SUSHIL MALHOTRA

S/O Sh. BALDEV RAJ MALHOTRA

R/O H.NO. 74A, 3^RD FLOOR

ARJUN NAGAR,

DELHI-110051                                                                                               ….Complainant

Vs

 

THE NEW INDIA INSURANCE CO. LTD.,

4 & 5, DDA COMMERCIAL COMPLEX

BLOCK-B, DILSHAD GARDEN

DELHI-110095                                                                                                   ….Opponent

 

Date of Institution: 26.05.2014

Judgment Reserved for: 05.04.2017

Judgment Passed on: 06.04.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: Mr. SUKHDEV SINGH (PRESIDENT)

JUDGEMENT

1. Complainant Mr. Sushil Malhotra has filed this complaint against The New India Insurance Co. Ltd., (OP), under section 12 of the Consumer Protection Act 1986, for deficiency in service. 
2. Complainant Shri Sushil Malhotra, purchased a motorcycle bearing registration no. DL-&SBB5363 TVS Apache 180, from Shri Anil Sood and got it transferred. This vehicle was insured with The New India Insurance Co. Ltd., (OP). The insurance cover was issued in the name of Shri Anil Sood. The complainant gave intimation to the insurance company to transfer the insurance in the name of the complainant. However, the OP failed to transfer the insurance in his name. His vehicle is stated to have been stolen for which he got FIR No. 577 dated 26/12/2012 U/S 379 IPC registered at Police Station Jagat Puri. The vehicle was not traced and untraced report was submitted by the Police on dated 14/02/2013 before the concerned authority. When the complainant approached to the insurance company for the insured amount, the OP denied, paying to the complainant, the said amount. Thus, it has been stated on behalf of the complainant that there has been deficiency on the part of insurance company and he was claiming an amount of Rs.1,45,000/- on account of negligence in service, mental agony, pecuniary loss and inconvenience. 
3. In the Written Statement of New India Insurance Company (OP), they have taken various pleas such as- that the complainant had not given written application to OP for transfer of insurance policy. It is further stated that the motorcycle was stolen on 26/12/2012, but he informed the theft of motorcycle on 20/02/2013 i.e. after 56 days. They have denied that the complainant have given intimation to the insurance company to transfer the insurance in his name, other facts have also been denied.
4. No replication to the written statement filed in support of his case. The complainant has not examined himself in respect of opportunity. On the contrary, the New India Insurance Company has examined Mrs Kavita Jain (Administrative Officer), who has deposed on affidavit. She has narrated the facts which have been stated in the written statement.
5. We have heard the Ld. Counsel for OP and have no opportunity to hear the complainant as the complainant did not put appearance. Only argument which has been taken on behalf of the New India Insurance Company has been that the complainant has not given written application for transferring of insurance policy in his name. First and foremost point which is noticed that the complainant has not filed his evidence in the form of affidavit on record inspite of opportunity. Though he has failed to put evidence on record evidence in the form of affidavit however, the documents available on the file are perused. The letter written by complainant to the insurance company, it is noticed that the complainant has written this letter on 26/07/2012 for transferring the insurance policy, however, he has not narrated the date of purchase in the complaint nor in this letter. Not only this, it is also noticed that his vehicle has been stolen on 26/12/2012 and he gave the information to the insurance company on 15/02/2013. Thus, from the record it is evident that there has been delay of about 56 days to inform the insurance company. Not only this, the insurance cover has not been got transferred immediately on getting the vehicle purchased. Thus, no case of deficiency has been made out to entitle the complainant to have the compensation. Thus the complaint deserves its dismissal and the same is dismissed.

There is no order as to cost. 

Copy of this order be sent to both the parties as per law.

 

 

       (Dr.P.N.TIWARI)                        (HARPREET KAUR CHARYA)                     (SUKHDEV SINGH)

            MEMBER                                  MEMBER                                               PRESIDENT