VIPIN KUMAR GAUTAM Vs. ORIENTAL INSURANCE COMPANY LIMITED

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 and 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 Sec.36a and Sec.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 Sec.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.) The applicant was the owner of a white coloured Maruti Van with the Registration No. DNH 3913. In the month of October, 1991 he renewed the insurance policy relating to the said car to be effective from 20th October, 1991 up to 19th October, 1992 in the Branch Office of R1 in Chandni Chowk, Delhi of which R-2 was the Manager. The vehicle was insured for an amount of Rs.1,23,000/including the cost of Rs.3,000/- of a stereo system installed in the vehicle. The applicant paid an amount of Rs.1,846/- towards the premium after securing a deduction with regard to "no claim bonus" that had accrued to him on account of the fact that no previous claim had been made by the applicant on the insurance policy.