IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 20.12.2018 Date of reserving the order: 09.02.2026 Date of Decision: 16.03.2026 COMPLAINT CASE NO.-1634/2018 IN THE MATTER OF MR. RAJNIKANT GUPTA S/O LATE MR. O.P. GUPTA R/O V-12127, DLF, CITY PHASE-III, GURUGRAM, HARYANA-122002 (Through: Mr. Rohit Singh &

Mr. Rohit Khurana, Advocates)

…Complainant VERSUS IFFCO TOKIO GENERAL INSURANCE CO. LTD.

(THROUGH ITS GENERAL MANAGER)

HEAD OFFICE:

IFFCO SADAN, C-1, DISTRICT CENTER, SAKET, NEW DELHI-110017 ALSO AT:

IFFCO HOUSE, 3^rd FLOOR

34, NEHRU PALACE, NEW DELHI-110019 (Through: Mr. Abhinav Jain, Advocate)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. Saurabh, counsel for the complainant (Mobile No.

7011864969).

Mr. Abhinav Jain, counsel for the opposite party (Email:

ajadvocate@outlook.com and Mobile No. 9818293544)

appeared through VC.

PER: HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

JUDGMENT

1. The Complainant initially filed the complaint no. 23/2018 before the District Consumer Disputes Redressal Forum-II (South District), Udyog Sadan, C-22 & 23, Qutub Institutional Area, Behind Qutub Hotel Mehrauli, New Delhi- 110016. Later on, the complaint was returned to this Commission by the District Forum vide order dated 12.12.2018 for lack of pecuniary jurisdiction. The parties were directed to appear before this Commission on 19.12.2018.

2. The present complaint has been filed by complainant under Section 12 of the Consumer Protection Act, 1986 alleging deficiency of service and unfair trade practice on the part of Opposite Parties and has prayed for the following reliefs:

“a) Direct the Opposite Party to refund the entire insured amount of Rs 12,95,100/-.

b) Direct the Opposite Party to pay an amount of Rs. 1,46,280/- towards interest on the entire insured amount made by the Complainant @ 18% p.a. as on date c) Direct the Opposite Party to pay a further interest of 18% per annum on the amount claimed in prayer d) hereinabove from the date of filing of the present complaint till its realization; and d) Direct the Opposite Parties to pay a sum of Rs 5,00,000/- as compensation towards mental harassment; and e) Award the cost of litigation in favour of the Complainants and against the Opposite Parties.

f) Pass such other and further order(s) as this Hon'ble Forum may deem fit and proper in the facts and circumstances of the present case.”

3. Brief facts of the case as per complaint are that the Complainant purchased a Toyota Fortuner 3.0L 4WD MT, bearing registration no. HR-26-BJ-0068 from Grace Toy Gurgaon for a sum of Rs.20,14,800.41. The opposite party after thorough investigation and inspection of the car had issued an insurance policy bearing no. 30283620 in respect of car for the IDV of Rs.12,95,100/- for the period w.e.f. 05.04.2017 to 04.04.2018. The Complainant had paid premium of Rs.46,545.32 towards the policy.

4. It is the case of the complainant that when he was given the relevant documents, he informed the opposite party that a claim had been taken for the previous policy but the opposite party assured him that the previous Insurance Company was different from the opposite party and that issue would not be a hurdle.

5. It is the further case of the complainant that on 06.06.2017, he was traveling from Gurgaon to Ahmedabad along with his family members and was driving the car himself. Near Ajmer, at around 1:00 a.m., a truck bearing registration number NL-01-N-3432, being driven in a rash and negligent manner, while trying to overtake his car, banged dangerously into his car. Due to the severe impact, the vehicle lost balance and the car went to the other side of the road and fell into a drain and was extensively damaged. In the accident, the complainant’s wife and mother died on the spot and he, his son and daughter suffered severe injuries. An FIR bearing No. 132 of

2017 was registered at Police Station Adarsh Nagar, Ajmer, Rajasthan.

6. It is t