Delhi

North East

CC/152/2023

Smt. Shiv Rani Gupta - Complainant(s)

Versus

The Oriental Insurance Co. Ltd. - Opp.Party(s)

15 Oct 2024

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. 152/23

 

 

In the matter of:

 

	Smt. Shiv Rani Gupta W/o  Sh. Naresh Chand R/o H.No. G 261, St. No. 6 & , West Karawal Nagar, Delhi 110094	Complainant
	Versus
	The Manager, The Oriental Insurance Co. Ltd. Service Centre (DRO 01) Hansalaya Building, 15, Barakhamba Road New Delhi 110001	Opposite Party

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:      DATE OF ORDER:

02.06.23 19.07.24 15.10.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

 

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the case as revealed from the record are that the Complainant had purchased E-Rickshaw bearing registration no. DL5ER 5905, chassis no. M5ECHAMKR18007156 on 31.10.18 and the same was insured with Opposite Party company. On 17.01.19 the said E-Rickshaw was stolen from under Wazirabad Flyover near Peer Baba Mazar, Timarpur Delhi and the Complainant lodged E-FIR no. 002195 dated 17.01.19 at E-Police Station Timarpur, North District, Delhi and also informed about the theft to Opposite Party company. Thereafter, vide letter No./Reference No. ESSPL/18-19/02/887 dated 01.05.19 from “Eminent Support Services Pvt. Ltd.” the representative of the Opposite Party company asked, keys of the stolen E-Rickshaw and final untraced report and to fulfil all the procedure and after completion of all the formalities, the investigation agent made report regarding claim of the stolen E-Rickshaw. The Complainant had received a letter dated 26.06.19 from Opposite Party regarding claim under policy No. 215590/31/2019/1774 and it was mentioned that “as per statement given by the Opposite Party and Mr. Sonu that Complainant had given E-Rickshaw to Mr. Sonu on hire basis. Given E-Rickshaw on hire basis is not allowed. In view of this your claim was not tenable”. The Complainant also received further letter dated 03.07.19 regarding claim stating “you have given E-Rickshaw to Mr. Sonu on hire basis. Given E-Rickshaw on hire basis is not allowed, in view of this claim was not payable”. The Complainant had visited office of Opposite Party and demanded her claim but all in vain. The Complainant had also sent legal notice to Opposite Party dated 06.05.23 for her claim but Opposite Party did not pay any heed to the request of Complainant. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed Rs. 4,64,022/- as the Complainant has faced mental and economic harassment and loss of earnings caused by the Opposite Party in deficiency and negligence in service.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 29.08.23.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of her case filed her affidavit wherein she has supported the assertions made in the complaint.

Arguments and Conclusion

4. We have heard the Ld. Counsels for the parties. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by her affidavit and documents filed by her. The Opposite Party did not appear and did not file any written statement. The case of the Complainant is that her E-Rickshaw was stolen on 17.01.19 and she had lodged an E-FIR regarding theft of the E-Rickshaw. Her claim was rejected by the Opposite Party on the ground that the Complainant had given her E-Rickshaw on rent to one Mr. Sonu which was not permissible under the insurance policy of the E-Rickshaw. The case of the Complainant is that she could not file her complaint within the limitation period because in the year 2019 and thereafter there was a corona pandemic.
5. It was submitted by the Counsel for the Opposite Party that the Complainant is not entitled for condonation of delay on the basis of corona pandemic. It was submitted that the cause of action occurred on 03.07.19 and the corona pandemic started in March 2020. It was argued that the limitation expired on 02.07.21 and the complaint is filed after about two years of the expiry of the limitation period. It was submitted that Complainant is not entitled for extension of limitation as per the judgment of Hon'ble Supreme Court in Suo Moto Writ Petition(C) No.3 of 2020’ IN RECOGNIZANCE FOR EXTENSION OF LIMITATION’.
6. In the above noted judgment, the Hon'ble Supreme Court has excluded the period from 15.03.2020 to 28.02.2022 from the period of limitation. Therefore, as per the said judgment a period of 716 days has to be excluded from the limitation period. In the present case, the claim of the Complainant was rejected vide letter dated 03.07.2010 (in fact this is 2019 and not 2010). Therefore, the period of limitation expired on 02.07.21. As per the judgment of the Hon'ble Supreme Court the Complainant is to be given further period of 716 days for filing the complaint. The said period of limitation expired on 18.06.23. The present complaint was filed on 02.06.23. Therefore, it is clear that the complaint is filed within the period of limitation.
7. The claim was rejected by the Opposite Party only on the ground that the Complainant had given her E-Rickshaw on rent to one Mr. Sonu. As discussed above, the Opposite Party was proceeded ex-parte and this fact could not be proved by the Opposite Party. Therefore, in view of the evidence led by the Complainant her complaint stands proved.
8. In view of above, the complaint is allowed. The Opposite Party is directed to pay an amount of Rs. 1,01,100/-(IDV of the E-Rickshaw) to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party further directed to pay Rs. 25,000/- on account of litigation expenses and Rs. 10,000/- towards mental harassment to the Complainant with interest @ 9 % p.a. from the date of this order till recovery.
9. Order announced on 15.10.24.

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

File be consigned to Record Room.

 

(Adarsh Nain)           Member

(Surinder Kumar Sharma) President