Delhi

North East

CC/143/2018

Sh. Vijay Sharma - Complainant(s)

Versus

The New India Assurance Co. - Opp.Party(s)

30 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 143/18

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

In the matter of:

 

	Vijay Sharma F-313 Gali No. 10 F-Block Chand Bagh Delhi-94	Complainant
	Versus
	The New India Assurance Company Ltd Through its M.D C-30 Community Centre, Naraina New Delhi-28	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:               DATE OF DECISION      :

18.07.2018 17.08.2022 30.09.2022

 

 

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

Case of the Complainant

1.  The case of the Complainant as revealed from the record is that the Complainant had purchased a Maruti EECI bearing No. DL6CQ2355 from T.R Sawhney Motors Pvt. Ltd. East Gokulpuri, Main Wazirabad Road, Delhi-94 on loan from HDFC bank. On 17.07.2017 the car of the Complainant was stolen by unknown person at Yamuna Vihar, Delhi. The Complainant lodged e-FIR bearing NO. 022393 dated 17.07.2017 at e-Police station and also gave information to the Opposite Party but after great efforts, the police could not trace out the car of the Complainant. The Complainant timely lodged his complaint to the Opposite Party’s office but the staff of the Opposite Party had not issued any Diary Number in that regard and told that the Complainant approached the Opposite Party when the court has given certificate of Non trace of vehicle and without that certificate the Opposite Party could not entertained any request or complaint regarding theft of the vehicle. The Complainant approached the court of law and on 16.02.2018 the court of Ms. Bhawani Sharma, A.C.M.M Karkardooma Court, Delhi accepted untraced report of the Complainant’s vehicle and issued copy of the same. After receiving the untraced report, the Complainant again approached the Opposite Party and filed his claim of insurance amount but the Manager Sh. Ashok Kumar of the Opposite Party put the signature of the Complainant on some blank paper after taking him in good faith. On 23.03.2018 the Complainant received a postal letter in which the Opposite Party declined the claim of the Complainant with alleged violation of the RC and policy with fabricated grounds. Complainant has prayed that Opposite Party be directed to make the payment of insurance of the vehicle of Rs. 3,27,599/-, pay interest of the balance amount as per RBI Rules upon the amount, Pay Rs. 50,000/- being deficiency service, mental agony and harassment meted out  to the Complainant and pay litigation charges of Rs. 10,000/-.

Case of the Opposite Party

2. The Opposite Party contested the case and filed written statement to the complaint of the Complainant. It is stated that the Opposite Party had issued one Private Car Enhancement Cover Policy vide Policy no. 98000031160304894800 from 25.01.2017 to 24.01.2018 with the IDV of Rs. 3,27,599/- vide registration no. DL 6CQ 2355 in the name of Vijay Sharma and the same was financed from HDFC Bank Ltd. Insurance was granted strictly as per terms and conditions which also includes excess of Rs. 1,000/-. It is the case of the Opposite Party that the complaint of the Complainant is not maintainable as he was using the vehicle in question for commercial purpose. The Complainant is not a consumer within the definition of Consumer Act.  It is alleged that as per the statement of driver, the vehicle in question was being used for the commercial purpose. It is also alleged that the driving licence of Ram Harish could not be verified.  The terms and conditions of the insurance policy have been violated by the Complainant and therefore the Complainant is not entitled to any claim.  It is prayed that complaint is dismissed.

Evidence of the Parties

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint. To support its case Opposite Party has filed affidavit of Sh. Ramesh Chand Bairwa, S/o Sh. Banwari Lal, Manager (Legal) of the New India Assurance Company Ltd. Having its office at 10^th Floor, Core-II, Scope Minar, Laxmi Nagar, New Delhi-110092. In his affidavit, he has supported his case as mentioned in the written statement.

Arguments and Conclusion

4. We have heard the arguments on behalf of the Ld. Counsels for Complainant and the Opposite Party. We also perused the file and written arguments filed by the parties.
5. It is an admitted fact that the Complainant purchased an insurance policy of his car bearing no.  DL6CQ2355 the said policy was valid form 25.01.2017 to 24.01.2018. It is also an admitted fact that the said car was stolen and the same could not be recovered by the police and the police filed Un-traced report in the court which was accepted by the court.
6. The Opposite Party has denied the claim on the basis that the Complainant was using his car for commercial purpose. In this regard, it is mentioned that the Complainant was using the vehicle for earning his livelihood. Therefore, he is a consumer within the definition of Consumer Protection Act. Further, the claim was also denied on the ground that the driver of the car was not having a valid driving licence. This is not a ground to reject the claim because at the time of theft of the car, the car was not being driven by anyone rather it was stationed. As the Complainant has valid insurance policy at the time of theft therefore, he is entitled to claim the compensation. Therefore, the claim is allowed. The Opposite Party is directed to pay Rs. 3,27,599/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till its recovery. An amount of Rs. 25,000/- shall be paid by the Opposite Party to the Complainant on account of harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
7. Order announced on 30.09.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President