Case No. 221/2010   

IN THE MATTER OF

Amit Kumar Gupta S/o Late Ram Prakash Gupta age 40 years R/o Nagla Tikona Sangam Vihar Colony Aligarh

                             (Through: Advocate Kamal Kumar)

                                                         V/s

1. The Oriental Insurance Company Ltd. Divisional Office Centre Point, Samad Road, Aligarh                                                                                      
2. The Oriental Insurance Company Ltd. Divisional Office 8/13 F Kaushal Pur, Tulsi Takies ke Samane Bypass Road, Agra

(Through: Advocate Diwakar Agrawal)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for payment of Rs. 350000 with interest by the Ops.
2. The Complainant has stated that he is the registered owner of the vehicle UP 81 R 9866 insured with the op for Rs. 300000 within the period from 31.3.2008 to 30.3.2009. Complainant’s friend Amit Maheshwari had hired the vehicle on 5.10.2008 for three days and did not return the vehicle. Complainant lounged the FIR U/s 406 IPC.     
3. Ops submitted in WS that the breach of trust u/s 406 IPC is not covered under the policy.  And company is not liable for payment of the damages.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. It is evident that the entrustment of the car by the complainant’s friend and non-returning the car would not amount to theft and is not cover under the policy. Thus the complainant is not entitled to any relief.
8. The question formulated above is decided against the complainant.
9. We hereby dismiss the complaint.  
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.