CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.202/2009

SH. SURENDER KHUSHWAHA,

S/O SH. HANSNATH KHUSHWAHA,

R/O 253, GOVIND KHAND,

JHILMIL COLONY,
DELHI

…………. COMPLAINANT                                                                                           

VS.

M/S RELIANCE GENERAL INSURANCE CO.,

6 OKHLA INDUSTRIAL AREA, PHASE-III,

NEW DELHI-110020

………….. RESPONDENT

                                                                             Date of Order:11.12.2015

O R D E R

A.S. Yadav – President

The case of the complainant is that he is owner of vehicle No.DL-13-C-C 0528 Tata Indica Car, which was duly insured with OP vide cover note No.2007002832.  It is submitted that unfortunately the car was stolen on 02.03.2008 from Krishan Bhawan, Sector-4, Vaishali, Ghaziabad at about 10.00 PM.  The matter was reported to the police on 03.03.2008 and for that FIR No.310/08 was registered at Police Station Indirapuram, District Ghaziabad.  The claim was lodged with OP in March 2008 however till date OP has not paid the insured amount.  OP in reply has denied all the averments made in the complaint.  It is a very vague and evasive reply filed by OP.  In para 2 of the complaint, complainant stated that OP is an insurance company providing insurance to the motor vehicles.  Even this fact was denied by OP in the reply.  This shows non-application of mind at the time of preparing reply. 

We have gone the written submissions of the parties and heard Ld. Counsel for the parties. 

In fact there is no dispute between the parties.  Sh. Rakesh Kumar, Manager has filed his affidavit on behalf of OP wherein he has specifically submitted that the claim of the complainant was recommended for settlement for Rs.3,63,076/- on total loss passed in favour of Tata Motors Finance Ltd. as complainant has taken loan from Tata Motors Finance Ltd.  The settlement of the claim was subject to transfer of RC of the insured vehicle in the name of OP and the policy cancellation.  However, the complainant did not complete said necessary formalities, hence the claim of complainant could not be paid and settled.  It is stated that there is no deficiency in service on the part of OP.

It is submitted by complainant that he has already paid the entire loan amount to Tata Motors Finance Ltd. and has placed a letter on record issued by Tata Motors Finance Ltd. wherein they have acknowledged the receipt of entire loan amount and a request was made for cancellation of hypothecation endorsement in their favour.  It is evident from letter dated 21.06.2010 that nothing was due in respect of loan amount.  The same was already cleared. 

So far as transfer of RC etc. in the name of OP is concerned, complainant has placed on record the documents submitted by complainant way back on 16.03.2008 with the Investigators, Valuer and Loss Assessors of the OP i.e. Singh & Associates including letter of subrogation, original RC, Form 29, 30 and 35, indemnity bond.  Nothing more was required to be done at the end of complainant. 

There was no justification on part of OP for not releasing the amount in favour of the complainant.

OP is directed to release a sum of Rs.3,63,576/- alongwith interest @ 9% p.a. from the date of filing of complaint and also to pay Rs.5,000/- towards compensation and Rs.5,000/- for litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

                 (D.R. TAMTA)                                                         (A.S. YADAV)

                     MEMBER                                                             PRESIDENT