NEW INDIA ASSURANCE CO. LTD. Vs. RAJESH YADAV

JUDGEMENT

(1.) Sh. Rajesh Yadav, the complainant, purchased a Tata Sumo Car from M/s. Dhingra Motors Pvt. Ltd., for a total consideration of Rs.5,40,328/-. The said vehicle was given temporary registration No.HR 99-DS-9623. The said vehicle was financed with Tata Motors Finance Ltd., OP2, for a total sum of Rs.4,00,000/-. The complainant also obtained insurance from New India Assurance Co. Ltd., the petitioner/OP1, for a sum of Rs.5,38,960/-. The insurance policy commenced from 24.07.2009 to 23.07.2010. On 18.08.2009, the vehicle was stolen by someone, when it was parked near the house of the complainant, who lodged a complaint with the concerned Police Station, New Delhi, on the same day. The complainant informed the OP, in writing, on 31.08.2009, with regard to the theft. The Police Station, Patel Nagar, New Delhi, submitted its untraced report, on 09.09.2009, before the concerned Magistrate, which was accepted by the learned Magistrate, on 23.02.2010.

(2.) The claim of the complainant was repudiated on 29.04.2010, on twin grounds. The repudiation letter runs as follows:-

(3.) The complainant filed the complaint before the District Forum. The District Forum allowed the complaint and directed the insurance company to pay a sum of Rs.4,40,326/- @ 9% interest, from the date of claim, till its realization and awarded a sum of Rs.1,50,000/- as compensation, for the harassment to the complainant out of which, Rs.50,000/- was to be deducted from the salary of the Divisional Manager, who had repudiated the claim.