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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, 10th 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 th
