Delhi

StateCommission

A/597/2017

SH. ANOOP KUMAR AGGARWAL - Complainant(s)

Versus

TATA AIG GENERAL INSURANCE CO. LTD. - Opp.Party(s)

S.D. ANSARI

17 Nov 2017

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                 Date of Arguments:  17.11.17

          Date of Decision:       21.11.17

First Appeal No. 597/2017

In the matter of:

Shri Anoop Kumar Aggarwal

Son of Shri SUKHBIR Saran Aggarwal

Sole Proprietor:

M/s Ashoka Guest House

1969-71, Katra Lachhoo Singh

Chandni Chowk, Delhi-110006.                                                                      ……Complainant

 

                                                                        Versus

 

Tata AIG General Insurance

Company Limited

301-308, IIIrd Floor

Aggarwal Prestige Mall

Plot No. 2, Road No. 44

Near M2K Cinema Rani Bagh

Pitampura, New Delhi-110034.  

                                               

Having its Registered Office

Peninsula Business Park

Tower A, 15^th Floor, G.K.Marg

Lower Parel

Mumbai- 400 013.

                                                                                                                                …Opposite Party             

CORAM

HON’BLE SHRI O.P.GUPTA

               

1.Whether reporters of local newspaper be allowed to see the judgment?  Yes

2. To be referred to the reporter or not? Yes

SHRI O.P. GUPTA(MEMBER (JUDICIAL)

JUDGEMENT

                The present appeal assails order dated 13.09.17 passed by District Forum (North) in CC No. 119/16 vide which the complaint was dismissed.  The impugned order recite the complaint has been dismissed as the appellant gave intimation to the insurance company on 18.02.15 i.e. after 15 days of the theft which took place on 03.02.15.  The other ground is that driver went inside the house leaving the car in start position.  The same is violation as per condition No. 4 & 8 of the policy.  In support of its decision the District Forum has relied upon decision of National Commission in United India Insurance Company Ltd. vs. Yogender Singh IV (2014) CPJ 637.  In that case intimation of theft was given after 12 days of date of incident.  The repudiation of claim by insurer was found justified.

2.            Counsel for appellant submitted that decision of District Forum on above ground is not sustainable in view of latest decision of Hon’ble Supreme Court in Om Prakash vs. Reliance General Insurance &  Anr. (2017) Supreme Court Civil Reports 898.

3.            There is yet another hurdle in the case of appellant. He left the car in start condition with keys inside the car.  Plea that driver simply went inside the house to fetch water is not suitable explanation. He could have locked the car before going inside the house for fetching water. Law in this regard was laid down in the following decisions:-

1.            RP No. 4887 titled as National Insurance Company vs. Ram Singh Gujjar decided by National Commission on 18.09.15.

2.            RP No. 3222/15 titled as Universal Sompo General Insurance vs. Chander Singh decided by National Commission on 04.04.16.

3.            RP No. 2091/12 titled as Shakuntla Devi vs. Reliance General Insurance decided by National Commission on 05.06.15.

4.            IFFCO Tokyo General Insurance Company Ltd. vs. Sanjay Bhagvar Malwade.

                In view of the above decision the appeal has no merit.  The same is dismissed in limini.

                Copy of the order be sent to both the parties free of cost.

                One copy of the order be sent to District Forum for information.

                                                                                                                                                                (O.P.GUPTA)

                                                                                                                                                                MEMBER(JUDICIAL)