VIPIN KUMAR GAUTAM Vs. ORIENTAL INSURANCE CO. LTD..

JUDGEMENT

(1.) A composite application for instituting an enquiry and for payment of compensation has been filed by Shri Vipin Kumar Gautam (applicant hereafter) under Sections 36B(a) and 12B of the MRTP Act, 1969. The applicant has alleged therein that the Oriental Insurance Company Limited (R -1 hereafter), Shri A.K. Malhotra, its Manager (R -2 hereafter) and Shri V.P. Singhal of V.P. Singhal & Co. (R -3 hereafter), licensed Surveyor appointed by the Controller of Insurance under the Insurance Act, 1938 have indulged in the certain unfair trade practices attracting Section 36A and Section 36A(1)(ii) and (iv) of the MRTP Act inflicting on him loss and damage as a consequence. He has also claimed compensation for the loss and injury suffered by him under Section 12B of the Act. On the basis of his application, the Commission issued a Notice of Enquiry (NOE) on 9th November, 1993. The averments of the applicant in his complaint -cum -compensation application are briefly as under:

(2.) R -1 is an Insurance Company engaged in the business of insurance and in particular, insurance of vehicles, in consideration of which, it charges insurance premium on the vehicle owners. Thus R -1 is rendering service to consumers namely vehicle owners. R -2 is the Manager of R -1, R -3 is the licensed surveyor for R -1 appointed by the Controller of Insurance under the Insurance Act, 1938.

(3.) ON 29th June, 1992, the vehicle was stolen from the house of the applicant, upon which, he informed the police which registered a case under Section 379 of the Indian Penal Code. ON the very next day, the applicant informed R -2 of the theft of the car and requested for a claim form which was given to him. Duly filling in the form, he submitted it to R -2 on 7th July, 1992 informing the latter that the. market value of the car was Rs. 1,35,000/ - and that of the stereo Rs. 4,200/ -. ON that day itself R2 informed the applicant that R -2 had been appointed as the Surveyor in the case.