DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 130/2018
D.No._______________________ Dated: ________________
IN THE MATTER OF:
Smt. KARUNA W/o SH. SUNIL,
R/o H. No.-276, GALI No.-1,
SHALIMAR-VILLAGE, DELHI-88.… COMPLAINANT
Versus
SHRIRAM GENE. INS. Co. LTD.,
B-08, UNIT No.-402 & 403,
GD-ITL TOWER, NETAJI SUBHASH PLACE,
PITAM PURA, DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 19.02.2018
Date of decision:05.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 therebyalleging that thecomplainant is owner of the vehicle i.e. TVS-APACHE RTR 160 bearing Registration no. DL-08-SN-D-6018 and got the same insured with OP vide insurance cover note bearing policy no.
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101047/31/17/016778 valid from 21.01.2017 to 20.01.2018 (mid-night) and the IDV of Rs.31,469/- and also paid the premium of Rs.1,177/- to OP. The complainant further alleged that the said vehicle of the complainant was stolen by someone on 11.05.2017 at metro station Haiderpur, Delhi and the complainant immediately informed the Police and lodged a FIR no.014237 on 12.05.2017 and also informed OP. Thereafter, the official of OP visited the premises of the complainant and the complainant submitted all the documents to the official of OP, untraced report was filed on 13.11.2017 and the complainant was assured by the official of OP that after three months the claim will be given and the complainant went several times to the office of OP but every time the complainant was falsely assured that within few days theclaim will be given. The complainant further alleged that the complainant was shocked and surprised when the official of OP handed over the letter dated 29.01.2018 in which the genuine claim of the complainant was rejected on false ground and the same has caused great mental tension pain, agony, harassment, inconvenience and loss to the complainant which clearly shows the deficiency in service on the part of OP.
2. On these allegations the complainant filed the complaint praying for direction to OP to refund the claim amount of Rs.31,469/- alongwith interest as well as suitable compensation for causing
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mental, physical pain, agony and harassment and has also sought cost of litigation.
3. OP has been contesting the case and filed reply and submitted that as per investigation report submitted by the appointed investigator of OP’s company, it is found that the insured vehicle was parked in area where DMRC has put a board stating that the area is “no parking” area as per order of DMRC and condition no. 4 of the insurance policy stated that “the insured shall take all reasonable steps to safeguard the vehicle from the loss or damage and to maintain it in efficient condition and the company shall have at all time free and full access to examine the vehicle or any part thereof or any driver or employee of the insured. In the event of any accident or breakdown, the vehicle shall not be left unattended without proper precaution being taken to prevent further damages or loss and if the vehicle be driven before the necessary repairs are affected any extension of the damage or any further damage to the vehicle shall be entirely at the insured’s own risk.”
4. The complainant filed rejoinder to reply of OP and denied the submissions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of R.C., copy of certificate-cum-policy-schedule no. 101047/31/17/016778 issued by OP, copy of FIR no. 014237
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dated 12.05.2017, copy of order dated 13.11.2017 passed by ACMM-01, North-West District, Rohini Courts, Delhi and copy of repudiation letter dated 29.01.2018.
6. On the other hand,Sh. Rama Raman,Legal Officer of OP filed his affidavit in evidence which is on the basis of the reply of OP. OP also filed copy of two wheeler theft investigation report dated 17.06.2017 issued by One Investigators, Trilokpuri, New Delhi and copy of repudiation letter dated 29.01.2018 issued by OP alongwith copy of courier receipt issued by Overnite Express Ltd. OP has also filed written arguments.
7. This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the complainant. The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. On the other hand, there seems no merits in the defence of OP. It is hard to believe that the complainant parked his vehicle in a most negligent and careless manner, so as to cause loss due to theft of the vehicle. Furthermore, OP has not lead any independent evidence in this regard.Thus the exclusion clause is not attracted and OP ought not to have repudiated the claim of the complainant. Accordingly, OPisheld guilty of unfair trade practice and deficiency in service.
8. Accordingly, OP is directed as under:
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i) To pay to the complainant an amount of Rs.31,469/- being the IDV of the vehicle and the complainant to execute transfer papers in the name of OP.
ii) To pay to the complainant an amount of Rs.10,000/- ascompensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.6,000/- as cost of litigation.
9. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awardedamount @10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 5thday of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
