Delhi

New Delhi

CC/537/2013

Jaipal Singh - Complainant(s)

Versus

M/S. Iffco-Tokio General Insurance Company Ltd. - Opp.Party(s)

26 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.537/2013

 

 

Sh. Jaipal Singh,

S/o  Sh. Santu Ram,

R/o B-1115, Mangolpuri,

Delhi-110083.

…Complainant

Vs.

 

M/s IFFCO Tokio General Insurance Co. Ltd.

Through its manager,

Having its office at

505, 26, Kailash Building,

Kasturba Gandhi Marg,

Connaught Place,

New Delhi-110001.

 

…Opposite Party

NIPUR CHANDNA, MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is owner of Innova car bearing  No.DL IYC 3359, chasis No.MBJ11JY4007264211 duly insured with OP vide policy bearing No.TIT/91046937  for a period from 26.03.2012 to  25.03.2013. The complainant had appointed a driver namely Mani Ram to drive the said vehicle for picking up and dropping the staff of Accenture Call centre, Gurgaon.  On 05.04.2012, in the evening, when the driver of the complainant dropped the staff of the said call centre at Dwarka in the insured vehicle and had taken turn toward Pankha Road, suddenly one man bumped into the car and after collision held the driver by neck. Two other persons also came from the left side of the car and showed pistol to the driver, snatched the key and took away the vehicle in question.  The said persons beat the driver and also took away the purse and battery of mobile of the said driver.  The driver of the complainant with the help of  a person reached the house of complainant and narrated the entire story/incident. 

2.     On the next day, FIR no.88  u/s 379 IPC was registered in the Janakpuri P.S., Delhi.  The complainant and his driver had made various visits to the police station but to no avail.  The complainant had duly filed claim with the OP for the insured amount, OP appointed an investigator namely Sh. Rajesh Sharma , who had demanded certain documents.  The complainant had duly supplied all the said documents immediately to the OP along with an untraced certificate of the above vehicle.  The complainant had submitted all the requisite documents with the OP but OP neither had given any reply nor had settled the claim. Thereafter, the complainant sent a legal notice dt. 28.8.2012 to the OP but despite the service of the said notice, neither the OP replied nor complied with the notice, hence this complaint.

3.     Notice was issued to the OP but none appeared on behalf of OP, therefore, it was ordered to be proceeded with ex-parte on 3.2.2014 by our predecessor bench.

 

4.     Complainant has filed his evidence by way of affidavit.  

5.     We have heard argument advanced at the Bar on behalf of complainant and have perused the record.

6.     The complainant has placed on record the copy of the  policy FIR, copy of the untraced report, as well as the copy of the letter issued by the investigator demanding the requisite documents in support of his claim.

  

7.     Perusal of the file shows that complainant has failed to place on record any document which shows that he has supplied the requisite documents to the OP Insurance Co. for getting his claim settled,.  In such a circumstances, we direct the complainant to lodge afresh claim with the OP along with the requisite documents and OP Insurance Co. is directed to process the claim of the complainant afresh.

8.     With the above observation, present complaint is disposed off.

 

9.     The order shall be complied within 30 days of the receipt of the copy of the order. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Announced in open Forum on 26/11/2019. 

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER