Delhi

North East

CC/368/2022

Gulfam - Complainant(s)

Versus

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

16 May 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.368/22                                   

In the matter of:

 

	Sh. Gulfam S/o Sh. Husain Baksh, R/o H.No. 162, Chandbar, Asmoli, Sambhal, U.P 244302	Complainant
	Versus
	The Oriental Insurance Co. Ltd. Business Centre, Chandausi Chauraha, Near Reliance Petrol Pump, Sherkhan Sarai, Sambhal, Muaradabad, UP 244302	Opposite Party

 

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

14.09.22 02.04.24 16.05.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

 

Ms. Adarsh Nain, Member

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

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant is owner of vehicle bearing no. UP95T 1241 Goods carrier, Tata Motors, white colour bearing engine no. 21H84069497 chassis no. MAT448035CAHOH07093. The said vehicle was insured with Opposite Party Insurance Company vide policy no. 253592/31/2020/2902 for Rs. 10,00,000/-. It is stated that on 28.08.20, the above said vehicle got stolen from Bhagirathi Water Plant, main Wazirabad Road, Delhi. Thereafter, Complainant lodged e-FIR dated 30.08.20 on property theft side through online by mistake cyber cafe. It is stated that then Complainant filed appropriate application to Hon’ble Court of Ld. MM, North-East for untraced report. Hon’ble court issued order to convert the above said e-FIR in MV theft Police station. After many requests the police official of P.S Gokul Puri has lodged an E-FIR No. 017199/2021 In MV Theft and untraced report dated 20.07.21 passed by Hon’ble Court of Ld. Duty MM, KKD Court. Thereafter, Complainant went to office of Opposite Party and showed untraced report but staff did not entertain the request of Complainant and stated that the claim of Complainant is repudiated as no claim. It is alleged that the Complainant made several visits to office of Opposite Party for his claim but of no use. As directed by Opposite Party after completing all the formalities Complainant again went to office of Opposite Party and submitted claim papers required by Opposite Party. The Complainant made various visits to office of Opposite Party for his claim but Opposite Party did not pay any heed to the request of Opposite Party. The Complainant had also sent legal notice to Opposite Party dated 21.07.22 through speed post but Opposite Party did not pay the claim nor replied to the same. Hence, this shows deficiency in service on behalf of Opposite Party.  The Complainant prayed for refund of vehicle insurance claim amount of Rs. 10,00,000/- along with an interest @ 18% p.a. from the date it became due and payable to the Complainant and Rs. 50,000/- towards mental harassment. He also prayed for Rs. 11,000/- for litigation expenses.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 15.12.22.

Ex- Parte Evidence of the Complainant

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

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant.
5. It is the case of the Complainant that he is the registered owner of the subject vehicle which was insured with the Opposite Party Company. It is alleged that the said vehicle was stolen and an e-FIR was registered in MV Theft, and untraced report dated 20.07.21 passed by Hon’ble Court of Ld. Duty MM, KKD Court. Thereafter, Complainant went to office of Opposite Party and showed untraced report but staff did not entertain the request of Complainant and stated that the claim of Complainant has been repudiated as no claim. The grievanceh of the Complainant is that despite several requests, Opposite Party neither paid any claim nor replied to the same which amounts to deficiency in service on behalf of Opposite Party. Hence, the Complainant prayed for refund of vehicle insurance claim amount of Rs. 10,00,000/- along with an interest and compensation as well as litigation expenses.
6. The allegation of the Complainant is that Opposite Party has not paid his claim for the stolen vehicle while his vehicle was duly insured by the Opposite Party. It is also submitted by the Complainant that he had fulfilled all the formalities and submitted all the documents required for the claim yet his claim has been rejected by the Opposite Party as “No Claim”.
7. We have carefully perused the material of record and find that the Complainant has neither produced any documents such as claim papers to show that he filed the claim with the Opposite Party insurance company under the policy nor has he produced repudiation letter in support of his contentions that his claim was rejected as no claim.
8. Since the Complainant has not proved his averment that he filed the claim with the Opposite Party insurance company and same has been rejected, we do not find any cause of action against the Opposite Party under the present complaint which led the Complainant to take such action. Without a cause of action, there cannot arise any complaint. The cause of action is necessary because it discloses the facts that led the plaintiff to take such action.
9. In view of above facts and discussion, we are of the considered view that the Complainant has failed to show any cause of action leading to present complaint and failed to prove any right to sue in his favour against the Opposite Party. Hence, we do not see any merit in the present complaint.
10.  Thus the present complaint is dismissed with no order as to costs.
11. Order announced on 16.05.24.

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

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)