Delhi

East Delhi

CC/516/2014

SHIV CHAND YADAV - Complainant(s)

Versus

UNITED INDIA INS - Opp.Party(s)

09 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 516/14

SHIV CHAND YADAV

S/O Shri MOHIT YADAV

H. NO. D-1/8, NEW DONDI,

1.  

 

                                                                                                                    ….Complainant

Vs

 

UNITED INDIA INSURANCE CO. LTD.,

1. BRANCH OFFICE

RUNGTA BUILDING

NEAR PUNJAB NATIONAL BANK

64 SAAWARTI

AZAMGARH, UTTAR PRADESH

 

UNITED INDIA SNSURANCE CO. LTD.,

2. LOCAL BRANCH OFFICE

SCOPE NINAR,

LAXMI NAGAR, DELHI-110092

 

                                                                                                                                    ….Opponents

Date of Institution: 04.06.2014

Judgment Reserved for: 09.02.2017

Judgment Passed on: 17.02.2017

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

1. This complaint has been filed Under Section 12 of CPA, 1986 by Shri Shiv Chand Yadav against United India Insurance Insurance Corporation Ltd., praying for direction to O.P. to pay Rs. 3,71,000/- along with interest @18% p.a. from the date of commission of theft, Rs.50,000/- as compensation for mental pain and agony and Rs.25,000/- as cost of litigation.
2. The facts in brief are that vehicle bearing no. UP15V0331, engine no. 43279 was insured with OP vide policy no. 81103/31/12/01/000451 for IDV of Rs. 3,71,000/-. The said vehicle was stolen on 10/07/2012 for which FIR no. 201, dated 11/07/2012, u/s 379 IPC was registered with Police Station Ashok Nagar. OP was duly informed, claim no. 0811033112190000152 was registered, which was repudiated vide letter dated 11/09/2013 with reason “the complainant has violated the terms & conditions of the policy as well as on the date of theft, the fitness of vehicle was expired”. Hence the present complaint which has been annexed with Form 23 (Certificate of Registration), policy document, FIR no 201 dated 11/07/2012, Repudiation letter dated 11/09/2013 and 22/07/2013 & 29/08/2013 are annexed with the complaint.
3. OP was served with the notice of the complaint and despite several opportunities they chose not to file their written version. Thus, their right was closed. Thereafter, the complainant filed his evidence by way of affidavit and deposed on oath the contents of his complaint. He placed reliance on Ex-CW-1/1 copy of the FIR, Ex-CW/2 copy of policy of insurance company, reliance was also placed on Mark A-Registration Certificate, letter dated    11/09/2013- Mark C and letter dated 22/07/2013 & 29/08/2013 Mark D & E respectively.
4. We have heard the Ld. Counsel for the complainant and have perused material on record. Registration Certificate bears endorsement that fitness certificate was valid till 20/04/2012 and the incident of the theft occurred on 10/07/2012. According to Section 56 of the Motor Vehicles Act, 1988 “a transport vehicle shall not be deemed to be validly registered, unless it carries a certificate of fitness”.
5. In the instant complaint the certificate of fitness had expired on 20/04/2012 and theft took place on 10/07/2012, it is thus clear that in absence of fitness certificate, there is a violation of the terms & conditions of insurance policy and also violation of provisions of the Motor Vehicle Act 1988, therefore the OP has rightly repudiated the claim of the complainant. It was also held in “United India Insurance Co. V/S Surinder Kumar in RP 2340/2013 by Hon’ble National Commission that a transport vehicle was required to have fitness certificate otherwise the claim was not payable for violation of the statutory requirements laid down in the Motor Vehicles Act.  

Hence the present complaint is dismissed without orders to any cost.

Copy of this order be sent to both the parties as per law.

 

(P.N. TIWARI)                                                                                     (HARPREET KAUR CHARYA)              

   MEMBER                                                                                                       MEMBER                   

 

(SUKHDEV SINGH)

PRESIDENT