Delhi

East Delhi

CC/210/2019

MOHIT DIXIT - Complainant(s)

Versus

TATA AIG G.I.C. - Opp.Party(s)

RAM KUMAR

30 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.210/2019

 

	MOHIT DIXIT S/O LATE SH. PURAN PRATAP R/O HOUSE NO.V-383, VIJAY PARK, REJEEV GANDHI MARG, DELHI - 110053	….Complainant
Versus
	TATA AIG GENERAL INSURANCE CO. LTD. THROUGH ITS MANAGER, DTJ-415, 4TH FLOOR, DLF-TOWER B, JASOLA DISTRICT CENTRE, NEW DELHI - 110025	……OP

 

Date of Institution	:	04.07.2019
Judgment Reserved on	:	30.10.2023
Judgment Passed on	:	30.10.2023

               

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

Order By: Shri S.S. Malhotra (President)

 

JUDGMENT

By this order the Commission shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in service in repudiating the claim of the complainant w.r.t. his stolen motorcycle. 

1. Brief facts as stated by the complainant in the complaint are that he purchased a motorcycle having Registration Number DL-5SBH-7431 and also had a policy being Policy No. 0182191319/000001/00 w.e.f. 05.01.2018 to 04.01.2019 but on 15.05.2018 when this vehicle was parked in front of chamber building F-Block, Karkardooma Court, it got stolen and he lodged an FIR bearing No. 16712/2018 dated 15.05.2018 at Police Station Farsh Bazar thereafter he applied for claim but his claim was rejected without any sufficient reason and thereafter he sent a Legal Notice dated 15.02.2019 to OP which was received by the OP but was not complied with and ultimately the complainant filed the present complaint against the OP seeking direction to the OP to pay Rs.25,000/- with interest @ 18% p.a., Compensation of Rs.1,00,000/- and litigation expenses of Rs.25,000/-.
2. The Copy of the insurance Policy, Copy of RC of the Copy Notice, Copy of FIR No. 16712/2018 dated 15.05.2018 and Untraced Report and a letter to MLO for not transferring the said vehicle is attached with the complaint. 
3. OP has filed the reply inter alia stating that the present case is not maintainable for the reason that the complainant has not come to Commission with clean hands as although the factum of the policy was admitted with the IDV of Rs.24,750/- but complainant never cooperated and even did not furnish the documents as demanded by the investigator and ultimately after serving three reminders to the complainant the claim of the complainant was closed. 
4. No Rejoinder was filed by Complainant but he has filed his own evidence and OP has filed evidence of Sh. Amit Chawla, Chief Manager (Legal). 
5. The Commission has heard the arguments and perused the record. 
6. The basic defence of the OP is that the complainant has not submitted the requisite documents and has not cooperated with the claim.  It is matter of record that the complaint/Paper Book was served upon the OP who has filed its reply.  OP had not asked any document from the Commission stating that some of the document were deficient.  Fact otherwise is well proved that the complainant has filed all the necessary documents along with the complaint and exhibited all the documents.  Therefore, it appears to the Commission, that the contention of the OP that the complainant did not co-operate or did not furnish the document /details appear to be an after thought.  The OP should have demanded such document from the Commission but it did not ask any document meaning thereby the document were not deficient.  However, further, the fact that vehicle has been stolen, Untraced report from the Court of Competent Jurisdiction has been filed after the FIR and IDV of the vehicle is Rs.24,750/- are not disputed.  Therefore, there appears to be a deficiency on the part of OP in not reimbursing the claim of the complainant.  Therefore, the Commission hereby orders as follows:

• OP would pay Rs.24,750/- to the complainant  with interest @ 6% p.a. from the date of filing the complaint till date of realization along with compensation of Rs.7500/- including litigation expenses. 

 

This order be complied with within 30 days from the date of receipt of the order failing which the OP would pay interest @ 9% p.a. on the entire amount of Rs.32250/- from the date of filing the complaint till actual payment. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 30.10.2023.