DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 287/2024   

QUORUM:

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

ORDER

  Present          :           Complainant  in person   

The matter is at admission state. He submits that he had purchased a bike on 19.02.2020 and he obtained the third party insurance for five years and first party insurance is being done by him in the category of ‘zero depp.. His last policy was for the year 2023-24 from United India Insurance Co. Ltd. which was also zero depp. and he also went to the office of OP i.e. Main Road, Kanti Nagar for getting the insurance for the year 2024-25 done but the insurance company has not done the insurance on zero depp. basis rather has done the same on 50% Co.-pay basis and he came to know this fact on 21.06.2024 when his vehicle required some repairs and when he made a complaint to the insurance company, the surveyor came and told him that 50% of the amount of repair would be payable by the complainant and when he confronted that he had a zero depp. policy the surveyor told him that his policy is not zero depp.. He thereafter visited the office of the insurance company at Kanti Nagar but nobody heard him to his satisfaction rather told him that insurance would have been done as he would have told the agent concerned. The complainant accordingly has filed the present complaint that the OP has not done zero depp. policy and has only done 50% insurance policy which amounts to fraud and he has filed the present complaint before the Consumer Commission alleging deficiency in service.  

The Commission has perused the policy. The policy starts from 26.02.2024 and is valid upto 25.02.2025.  The previous policy w.r.t. zero depp. has not been filed on record.  The Commission has enquired from complainant to explain as to what was the charges payable for getting a zero depp. policy on the date of obtaining the policy and what were the charges for 50% co.pay basis – policy so as to compare that how he has been granted a policy other than prayed for but complainant has not filed any such details. Complainant has also not placed any document on record to show that he has gives any formal application to the OP for doing the policy for zero depp. basis. The policy as placed on record is quite specific and the same is not a zero depp. policy.  The only fact through which it could have been ascertained was the fact as to how much is the premium for a zero depp. policy or how much is the premium for 50% co-pay insurance policy, so as to compare and appreciate that complainant has been defrauded but that document is not filed on record despite asking.

In absence of any document, mere oral submission that the complainant told the OP to do insurance under zero depp. policy cannot be appreciated. It is not the case of the complainant, that he paid the premium of zero depp. Policy, and has been issued a wrong policy. The policy as issued to him is as per the premium paid. Therefore, apparently the complaint case of the complainant is not maintainable on the facts as orally alleged facts as there is no document from which any deficiency on the part of OP can be prima facie established.  

The complaint is accordingly rejected.  

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

File be consigned to Record Room.     

Announced on 09.08.2024.