STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Appeal No. A/19/907 in C.C.No.17/122. Shriram General Insurance Co.Ltd. Satra Plaza Commercial Complex, Office No.1006, 10^th floor, Palm Beach Road, Plot No.19/20, Sector 19 D Vashi, Navi Mumbai.

Through Shriram General Insurance Company Ltd.

E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur 302022 (Rajasthan) ... Appellant(s)/Original opponent.

Versus M/s. Avani Tours and Travels Through Owner-

Vinod Kashinath Sutar, R/at. House No.140, Near Hanuman Temple, Shivrane Gaon, Nerul, Navi Mumbai 400 706. ...Respondent(s)/Original complainant.

BEFORE Justice S.P. Tavade – President.

S.T.Barne – Judicial Member For the appellant(s) : Advocate Mrs. Bindu Jain.

For the Respondent(s) : Advocate Digambar Thakare.

ORDER

Per Hon’ble Judicial Member: S.T.Barne.

(1) Appellant Shriram General Insurance Company has preferred this appeal against the judgment of order of Thane District Consumer Dispute Redressal Forum in consumer complaint no. 122/2017 decided on 08/04/2019. The Appellant is the opponent and the respondent M/s.Avani Tours & Travels is the opponent in the original complaint before District Forum. Parties are herein after referred as per their status in the original complaint.

(2) It is the case of the complainant that he is the owner of swift desire car bearing registration no.MH-43 D 8313. The said car is insured with opponent insurance company under policy No.215063/31/16/005083 for the period of 18/03/2016 to 17/03/2017. He has parked his vehicle near his house Ganesh temple at his usual parking place on 21/03/2016. As he was ill and there was Holi festival, he could not attend the parking place till 28/03/2016. On 28/03/2016 at about 10.00 to 10.30 a.m. complainant went to said parking place. He noticed that his vehicle was not on the place where it was parked. Therefore, he himself along with his friend took search of the car but he could not trace out the same. Therefore, he had lodged report of theft with Nerul police station. The police station has registered the FIR No.106/2016. The complainant gave intimation to Insurance Company on 04/04/2016. The Insurance Company has appointed the investigator. The said investigator Blue Spy INC bureau has issued a letter to the complainant calling upon him to produce certain documents. The complainant received the said letter on

08/04/2016.

(3) It is further contention of complainant that on submitting the claim to opponent Insurance Company he has repeatedly made enquiry with the opponent. The opponent by letter dated 06/07/2016 called upon the complainant to give explanation about the delay in giving intimation to the opponent and asked the complainant about break in the policy between 27/02/2016 to 18/03/2016. The complainant though complied the documents with opponent; the opponent did not settle his claim. Hence, complainant has filed this complaint before District Forum for causing delay of more than one year in settling his claim. The complainant has claimed, the amount of insured value of the vehicle along with interest @18% p.a..

(4) The opponent has filed reply to the said complaint and denied all adverse allegations. It is the contention of the opponent that there is no deficiency in service on the part of opponent. The complainant himself has committed breach of policy condition. The complainant has not filed fitness certificate of the vehicle. The fitness of the vehicle has expired on the date of loss to the vehicle. The complainant has taken package policy from opponent for the period of 18/03/2016 to 17/03/2017. However, there was no renewal of insurance during 27/02/2016 to 18/03/2016. The opponent has asked the complainant to submit the reason for the same, but he has not submitted the reason. There is close proximity as to date of renewal of insurance and the theft of the vehicle. The contention of the opponent that the complainant is bound by terms and conditions of the policy. He has not taken care to protect