DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 224/2017
D.No._______________________ Dated: ________________
IN THE MATTER OF:
VIKAS SINGHAL S/o SH. SUSHIL SINGHAL,
R/o H. No. 121-122, 1st FLOOR, PKT-3, SEC.24,
ROHINI, NEW DELHI-110085.… COMPLAINANT
Versus
UNIVERSAL SOMPO GENERAL INS. Co. LTD.,
(THROUGH ITS BRANCH MANAGER),
2nd FLOOR, ASSOTECH ONE,
C-20/1A, C BLOCK, SECTOR-62,
NOIDA-201309 … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 21.03.2017
Date of decision:26.03.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant purchased a Hero Electric Bike Model-CRUZ on 17.08.2016 bearing chassis no. HCZ16G0097 and the said vehicle/bike is insured with OP vide policy no. 2924/56436080/00/000 for the period from 17.08.2016 to
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16.08.2017 (mid-night) and IDV value of the vehicle is Rs.42,890/-. On 04.11.2016, the son of the complainant Sh. Divyansh Singhal at about 10:00 A.M. went to college i.e. Keshav Mahavidyalaya, Pitam Pura, Delhi from his residence and the son of the complainant parked the said vehicle in front of Keshav Mahavidyalaya and the son of the complainant son locked and chained the said vehicle and went inside the college to attend the classes.At about 12:30 P.M. when the son of the complainant came outside from college and reached the parked place, he found the said vehicle was missing from its parked place. Thereafter, the son of the complainant searched the said vehicle here and there but the said vehicle could not be found and the son of the complainant informed the Police Department and lodged a FIR and due to this mis-happening/theft of the said vehicle, the complainant and his family members are mentally disturbed. The complainant further alleged that after this mis-happening, the complainant approached OP for theft-claim of the said vehicle and supplied the required documents as asked by OP but there is no proper response by OP nor releasing the theft-claim of the said vehicle and lastly repudiated the claim on 10.01.2017 and all the promises by OP for the prompt and honest services are demolished by their own act as the genuine claim of stolen vehicle is not released till filing the case which clearly shows deficiency in service on the part of OP.
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2. On these allegations the complainant has filed the complaint praying for direction to OP to release the claim of the said stolen vehicle of the complainant alongwith interest for delay as well as compensation of Rs.2,00,000/- for causing mental, physical pain, agony and harassmentand delay and has also sought Rs.15,000/- towards cost of litigation.
3. Notice to OP was issued through speed post for appearance on 25.05.2017 and OP has served on 31.03.2017 as per track report but none for OP appeared on 25.05.2017 & 12.09.2017 and as such OP has been proceeded ex-parte vide order dated 12.09.2017.
4. In order to prove his case the complainant filed his affidavit inevidence and also filed written arguments. The complainant placed on record copy of retail invoice/bill no. 98 dated 17.08.2016 for Rs.42,890/- issued by Sparsh Motors, SaraswatiVihar, Delhi, copy of Insurance Certificate no. USGIHE/2016014916 issued by OP, copy of FIR no. OD-MP-001125 dated 09.11.2016 and copy of repudiation letter dated 10.01.2017 sent by OP to the complainant.
5. This forum has considered the case of the complainant in the light of evidence of the complainant and documents placed on record by the complainant. The testimony of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant. In his affidavit, the complainant has clearly mentioned that his son had locked and chained the said
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vehicle/bike in the parking lot and went inside the college i.e. Keshav Mahavidyalaya to attend the classes. The case of the complainant has remained consistent and undoubted. Moreover,it appears that even after receiving notice of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no case at all in its favour. Thus, it appears that OP has unlawfully repudiated the claim of the complainant. Accordingly, we hold OP guilty of deficiency in service.
6. Accordingly, OP is directed as under:
i) To pay to the complainant the IDV of the vehicle i.e. Rs.42,890/-.
ii) To pay to the complainant an amount of Rs.25,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.8,000/- as cost of litigation.
7. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awardedamount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 26th day of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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