Case No. 150/2023   

IN THE MATTER OF

Hazi Mohd. Nasir S/o Abdul Hamid R/o 223 Muzmmil Complex Dodpur Aligarh

                                                         V/s

1. M/s Mascot Motors Pvt. Ltd. Mascot Estate 5 KM G.T. Road Aligarh by Proprietor/Manager
2. SriRam Insurance Company Nibari House RTO Office ke samane G.T. road, Aligarh                                                                                      

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay the assured sum Rs. 84785 with interest @12% per annum for the stolen car UP 81Z 4039.  
2. The Op be directed to pay Rs.20000 as mental agony and Rs.10000 as litigation expenses.    

2. The Complainant has stated that he had purchase an old casr no. UP 81 Z 4039 from Op no.1 for Rs. 110000 on 17.7.2020. It was stated by the OP no.1 at the time of purchase of the car that the car was insured for Rs. 84785 for the period from 17.6.2020 to 17.6.2021 by its previous owner Smt Beena Gaur. On 4.8.2020 the car was stolen from the house of the complainant and a FIR was lodge U/s 379 on same day. Insurance Company avoided to the lodged the claim and claim was not lodged by the time the Op no.1 could not provide the papers relating to transfer of car. Complainant has purchased the car from Op no.1 and is the consumer being the beneficiary.                 
3. Op no.1 was served with the notice on 19.8.2023 as per track consignment report from the post office but he has not filed WS and did not contest the case.
4. Op no.2 has contest the case and submitted in WS that no information was given by the complainant or the owner regarding theft of the vehicle. Complainant has got no cause of action to file the complainant and is not entitled the compensation.      
5. Complainant has filed his affidavit and papers in support of his pleadings.

Op no.2 also filed affidavit and papers in support of his pleading.

6. We have perused the material available on record and heard the complainant’s counsel.
7. Complainant has alleged to have purchased the car from op no.1 that was the old car owned by the Smt. Beena Gaur as its registered owner and car could not be transferred in the name of complainant. there is rebuttal of the allegations made by complainant and are held conclusive. Moreover complainant has filed delivery gate pass of the vehicle by the op no.1 which supports the complainant’s allegations. Complainant file policy schedule issued by the op no.2 Insurance company whereby the car no. Up 81 Z 4039 was insured from 17.6.2020 to 16.6.2021 the occurrence took place on 4.8.2020 and is within the period of insurance. Complainant has file copy of FIR no. 0326 dated 4.8.2020 lodged by the complainant at PS Civil Lines and the allegations of theft of the car are corroborated by the cogent evidence and it is established that the car was stolen on 4.8.2020 that was insured on that day. Complainant has deposited that his claim was not registred by the OP no.2 and thus he is entitle the value of the car as insured.
8. Question is formulated in favor of complainant.
9. We hereby direct the op no.2 to reimburse the complainant for the theft of the car at Rs.84785 with interest @15% per annum from the date 4.8.2020 till the date of actual payment. Op no.2 also pay to the complainant Rs.5000 as litigation expenses. 
10. Ops shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.