NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. NC/FA/106/2025 (Against the Order dated 20th November 2024 in Complaint SC/6/CC/367/2017 of the State Consumer Disputes Redressal Commission Haryana)

WITH NC/IA/2927/2025 (EXEMPTION FROM DIM DOCUMENTS)

JITENDER S/o. Bhagiram PRESENT ADDRESS - S/O BHAGIRAM H.N.1989/2, VILLAGE PALI TEH.AND DISTT.FARIDABADFARIDABAD,HARYANA.

.......Appellant(s)

Versus IFFCO TOKIO GEN.INSURANCE CO. Through its Manager PRESENT ADDRESS - SCO 2 IST FLOOR SPECIAL HUDA MARKET SECTOR 19, FARIDABAD NEAR AMAR TEX ROOM FARIDABAD,HARYANA.

IFFCO TOKIO GEN.INSURANCE CO. Through its md/director/manager PRESENT ADDRESS - REGD.OFFICE IFFCO SADAN C-1, DISTRICT CENTRE SAKET NEW DELHISOUTH,DELHI.

.......Respondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH , PRESIDING MEMBER HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN , MEMBER FOR THE APPELLANT:

FOR THE APPELLANT : SH. SIDDHARTH MITTAL, MR. ABHIJEET VARSHNEY & SH.

SUMIT KUMAR SHARMA, ADVOCATES FOR THE RESPONDENT:

FOR THE RESPONDENT : MR. YOSHIT JAIN, ADVOCATE DATED: 08/12/2025

ORDER

DR. SUDHIR KUMAR JAIN, J

1. The present appeal has been filed with a delay. The delay is condoned as per the reasons stated in I.A. Briefly stated relevant facts as detailed in the complaint are that the appellant/the complainant/ Jitender (hereinafter referred to as “the appellant”) is the registered owner of a heavy commercial vehicle, AMW Motor Limited (Tipper) bearing registration number HR-38-S-4644, chassis number MBYB97700CNA28613 and engine number 21M84090065(hereinafter referred to as “the vehicle”). The vehicle was purchased through invoice number H2013-0117 dated 21.02.2013. The vehicle was insured with IFFCO TOKIO General Insurance Company Limited/the respondent no 1 (hereinafter referred to as “the respondent no 1”) under policy number 91272913 issued on 20.02.2015 and valid from 23.02.2015 to 22.02.2016 for an insured value of Rs.20,00,000/- upon payment of a premium amounting to Rs.21,007/-. The appellant had employed Asgar, son of Khali, resident of Village Dhauj, Faridabad as a permanent driver of the said vehicle who was in possession of a valid driving license effective up to 20.08.2016. The vehicle on 24.10.2015 being driven by the driver Asgar reached Village Dhauj Bajri at around 7:00 am and was parked outside the village. The driver proceeded to the house of Sanjay who was a friend of the appellant to collect money. The driver came back and found that the vehicle was missing. The driver reported the theft to appellant and thereafter the appellant reported the theft to the Police Control Room and the police advised the appellant to search the vehicle the surrounding area. The vehicle could not be traced and consequently FIR bearing number 156 dated 5.11.2015 was registered under Section 379 of the Indian Penal Code / 1872 at Police Station City Mujesar, Faridabad. The appellant immediately informed the insurance company regarding the theft of the vehicle on 7.11.2015. The police after conclusion of investigation submitted an Untraced Report dated 22.06.2016 before the Judicial Magistrate, First Class, Faridabad which was accepted vide order dated 26.07.2016. The appellant also informed the Regional Transport Office, Faridabad about the theft on 7.12.2015.

1.1 The appellant duly submitted insurance claim to the respondent no.1 along with requisite documents. The insurance company conducted an investigation by appointing an investigator as informed to the appellant vide letter dated 16.11.2015 and vide letter dated 22.10.2016 asked the appellant to submit further documents which were accordingly submitted by the appellant. The respondent no 1 rejected the claim through vide pre-dated letter dated 24.01.2016 on ground of delay of 14 days in reporting the theft and violation of condition no.1 of the policy on grounds of contradictory statements, manipulation, and concealment of material facts was also alleged. The rejection of the claim by the respondent no 1 was defic