BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.489 OF 2020 AGAINST ORDERS IN CC.NO.55 OF 2014, DISTRICT CONSUMER COMMISSION-KARIMNAGAR Between:

1. The Manager, Bajaj Allianz General Insurance Co.Ltd., 4th Floor, North East Plaza, Erramanzil, Circle beside BMW Showroom, Hyderabad – 500082.

2. The Manager, Bajaj Allianz General Insurance Co.Ltd., D.No.8-6-6-126, 1st Floor, Near Kothibomma Circle, Kothirampur, Karimnagar – 505001.

.…Appellants/Opp.Parties No.1 & 2 And Gattu Ravinder, S/o.Balaiah, Age 43 years, Occ: Business, R/o.H.No.10-4-66/A2, Sri Veeranjaneya Kiranam, Thirumala Residency, Vavilalapally, Karimnagar.

…..Respondent/Complainant Counsel for the Appellants/Opp.Parties 1&2 : M/s. S.N.Padmini Counsel for the Respondent/Complainant : Notice served QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This appeal is filed by the Appellants/Opposite Parties U/s.41 of Consumer Protection Act, 2019, praying this Commission allow the above F.A. by setting aside the order dated 08.06.2020 passed in CC.No.55/2014, on the file of the District Consumer Forum, Karimnagar and pass such other order or orders as this State Commission may deem fit and proper in the interest of justice.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellants are the Opposite Parties and the Respondent is the Complainant in CC.No.55/2014.

3. Briefly stated, the facts are that – the Complainant purchased a two wheeler vehicle Suzuki Axis BSIII vide registration No.AP15AZ 0061. On 18.12.2012, the said vehicle was insured with Opposite Parties by paying an amount of Rs.1,143/-. The commencement of the policy was from 18.12.2012 to 17.12.2013 for sum assured of Rs.36,410/-.

4. On 15.12.2013 at 4.30 hrs, the Complainant parked the said vehicle at Kashmirgadda, Rythu Bazaar for purchasing vegetables and when he came back after 15 minutes, he found that the vehicle was missing. He lodged a report before PS II Town, Karimnagar and a case vide Crime No.385 dated 16.12.2013 U/s.379 was registered. The Complainant approached the Opposite Parties filed the claim amount. The Complainant made several visits to the Opposite Parties office, but in vain. The Complainant alleges that the Opposite Parties colluded with each other and taking advantage of the miserable position of the Complainant, the Opposite Parties repudiated the claim vide their letters dated 23.12.2013 and 16.01.2014. This act of the Opposite Parties clearly amounts to deficiency of service. The present complaint is thus instituted with a prayer as follows:

“The District Commission may be pleased to direct the Opposite Parties No.1 and 2 to pay an amount of Rs.36,410/- to the Complainant along with interest @ 2% per month from the date of theft of vehicle till date of payment and direct the Opposite Parties No.1 and 2 to pay an amount of Rs.50,000/- towards compensation and damages on all counts for mental agony to the Complainant.”

5. The Opposite Parties filed their written version stating that the policy bearing No.OG-13-1810-1802-00011990 was issued in respect of two wheeler bearing registration No.AP-15-AZ-0061 for the period from 18.12.2012 to 17.12.2013 subject to terms and conditions of the policy. On 16.12.2013, the Insurance Company received the call centre intimation regarding the theft of the said vehicle on 17.07.2013 at Rythu Bazar, Karimnagar, but the Complainant mentioned in the complaint that the date of theft of the vehicle as 15.12.2013, which is false and to misappropriate the actual facts and to misrepresent the company in order to get the wrongful gains from the Insurance Company.

6. On 16.12.2013, the Complainant filed a complaint with P.S.II-Town, Karimnagar falsely stating that the vehicle was stolen on 15.12.2013. As per the