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IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.10.2023 Date of Hearing: 08.06.2026 Date of Decision: 03.09.2026 FIRST APPEAL NO.- 531/2023 IN THE MATTER OF MR. GULFAM ALI R/O- 58, NAKPUR, SABIT NAGAR-1, TEHSIL - MODINAGAR, DISTRICT- GHAZIABAD, UTTAR PRADESH.

(Through: Chaudhary Law Offices)

…Appellant VERSUS IFFCO TOKIO GENERAL INSURANCE CO. LTD., CUSTOMER SERVICE CENTRE, 2^ND FLOOR, FAI BUILDING, 10, SHAHEED JEET SINGH MARG, QUTUB INSTITUTIONAL AREA, NEW DELHI-110067.

… Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

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

Present: Ms. Geetanjali Setia, Counsel for the Appellant appeared through VC.

None for the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1 The complainant being the registered owner of vehicle bearing registration number HR55X6762 registered with RTO Gurgaon, Haryana obtained Package Policy for his above vehicle from the respondent company vide policy number

96685033 which was valid from 22/02/2016 to midnight of 21/02/2017 with IDV of Rs. 25,00,000/-after making payment of Rs. 57,884.78/- as premium to OP.

2 On 20/02/2017, aforesaid vehicle was stolen from Mandi T Point, Noida, District Gautam Budh Nagar, Delhi and for which FIR 0127/2017 u/s 379 IPC was registered at police station Noida Ph-II, Gautam Budh Nagar, U.P. on 21/02/2017. 3 On 22/02/2017, a theft claim was also lodged with OP and registered as claim number 36966142. M/s Bhola & Associates were deputed for investigation. The complainant supplied all the documents and the keys vehicle as well as his statement as dictated by their deputed investigation agency M/s Bhola &

Associates.

4 Final untraced report no. 01 dated 21/02/2017 was submitted with the competent court for non-recovery of the subject vehicle. The said Final report was subsequently accepted by the competent court by passing an order on 17.09.2017.

5 Thereafter subsequently a letter dated 11/05/2018 was issued by the respondent to the complainant seeking confirmation from him whether that the relevant documents had been submitted with the Investigator and also directed the complainant to again submit a copy of the documents already submitted with the investigator as supposedly due to unavoidable circumstances since the investigator could not submit the investigation-report, the claim of the complainant was not able to be processed by the Respondent.

6. The complainant personally visited the OP at Unit No. A&B- 4, TDI Centre, 3rd Floor, Jasola, New Delhi-110 025 and handed over all the documents and again requested for early release of the claim amount.

7. Despite various personal visits and assurances from OP, till date his claim amount is not released by the respondent which confirms their clear "Deficiency in Services".

8. A legal notice to the OP through Complainant’s counsel Chaudhary Law Offices" dated 10/01/2022 was also served to the OP, but neither they replied nor complied with said legal notice which further confirms their "Deficiency in Services".

9 Thus, the complainant is entitled for his legitimate claim amount of the IDV of Rs.25,00,000/-. Besides the aforesaid Insurance claim amount, the complainant is also entitled for interest on the said amount as per the IRDA regulations, besides the compensation for harassment & mental agony. Hence this complaint. Through which various claims prayed by the complainant in the present complaint are:

10. Present complaint was argued by the counsel for complaint on the preliminary objection raised by this bench with regard to maintainability of the complaint on ground of pre-mature limitation as it was preliminary found to be barred by limitation. The complainant relied upon on account of repudiation letter dated 20.09.2018 from OP closing the claim for failure on part of complainant to submit the documents asked fo