BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

CC.No.31/2021

DATED THIS THE 29^th DAY OF MARCH, 2021

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Sri.Gnanesh.T.C.

S/o. Chandrasekhar.T.J.

Aged about 22 years

R/at Opp.to Ganapathi Kalyanamantappa,

Bheemasandra, BH Road,

Tumakuru district

(By Sri.K.S.Shivakumar, Advocate)

V/s

Opposite parties:-    

1. The Divisional Manager United India Insurance Co. Ltd. Divisional office, Jayadeva complex,         

BH Road, Tumakuru town, Tumakuru

2. The Regional Manager

United India Insurance Co. Ltd. The Regional office, Krushi Bhavan, 5^th floor, Nrupatunga Road, Near Hudson Circle, Bengaluru-1

3. Chief Managing Director

United India Insurance Co. Ltd. Registered and Head office, 24 Whites Road,

Chennai-600014

Tamilnadu State

ORDER ON ADMISSION

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 35 of the Consumer Protection Act, 2019 to direct the Opposite parties insurer (hereinafter called as OPs) to pay the policy benefit to the complainant arising out of the policy along with interest @ 12% per annum and pay compensation of Rs.10,000=00 as the OPs have made the complainant to run from pillar to post.

2. It is the case of complainant that he was the owner of vehicle i.e. VOLKSWAGEN & POLO bearing registration No.KA-01-MM-0618. It was insured with the 1^st OP-United India Insurance Co. Ltd at Tumakuru branch and the policy was in force from 12-4-2019 to 11-8-2020. The complainant has given an advertisement in the social media i.e. in OLX and that on 16-8-2019 at about 8.15 p.m. an unknown person showed interest to purchase the vehicle. After negotiation the complainant agreed to sell the vehicle for Rs.5,20,000=00 and after negotiation unknown person has shown the message for having transferred the amount by using online status and believing the words of unknown person the complainant had delivered the vehicle to unknown person. On the next day the complainant checked the status of account at ATM then he came to know that no amount was transferred to his account and fake message was shown to him believing transfer of the amount.

3. It is further case of the complainant that he approached the jurisdictional Thilak Park Police Station, Tumakuru on 3-9-2019 and lodged report and it was registered in Cr. No.77/2019 for the offence punishable under Section 420 of IPC. After investigation the police have filed C-report on 5-2-2020. The complainant has submitted claim application before the 1^st OP but it has repudiated the claim of complainant informing that no theft took place and on the contrary he has voluntarily delivered the vehicle to unknown person. After exchange of notice the complainant has approached this Commission.

          4. We have heard the learned counsel for the complainant and on hearing the point that would arise for determination is as under:

Whether the complainant proves that the repudiation of claim made by the OPs is not justifiable and it is illegal and improper?

5. Our finding on the aforesaid point is in negative for the below;

REASONS

          6. The learned counsel for the complainant submitted that the complainant has filed complaint before the jurisdictional police and the police have filed C-report. The OPs have illegally repudiated his claim. The complainant has produced the copy of Certificate of Registration of vehicle bearing No.KA-01-MM-0618 which stood in the name of complainant and it was registered in his name on 6-4-2015. The complainant produced policy of the vehicle issued by the OPs for the period from 12-4-2019 to 11-4-2020. The complainant produced copy of FIR registered by the Thilak Park Police Station, Tumakuru on 3-9-2019 for the offence under Section 420 of IPC. The complainant further produced copy of C-report and repudiation intimation dated 27-11-2019 issued by the insurer-OPs.

          7. On perusal of the averments of complaint and documents it is clear that the complainant has kept the vehicle for sale in OLX social media, the complainant has voluntarily agreed to sell to unknown person and after negotiation confirming the receipt of amount delivered the vehicle to the unknown person. Definition of theft is that property must to be movable and movable property shall be taken away by thief or unknown person without consent of the owner. In the case on hand the complainant admitted in the complaint itself that he has voluntarily handed over the vehicle to unknown person then question of theft of vehicle does not arise.

          8. The learned counsel for complainant vehemently argued that the complainant has lodged report before the police for an offence under Section 420 IPC. The complainant has to seek grievance against the unknown person who cheated him but not against the insurer as there is no agreement by the insurer to pay the policy benefits if any person cheats him. Therefore, on perusal of the averments of complaint this Commission is not having jurisdiction to entertain the complaint since there is no deficiency in service on the part of OPs. Further this complaint is filed on misconception of facts and law hence, we proceed to pass the following;

ORDER

The complaint filed by Sri.Gnanesh.T.C. S/o Chandrasekhar.T.J is dismissed without costs.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Forum on this the 29^th day of March, 2021).

LADY MEMBER            MEMBER                       PRESIDENT