IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL, COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :01.12.2017

Date of Decision :08.12.2017

Complaint No.323/2012

IN THE MATTER OF:

Shri Chand,

S/o. Shri Zile Ram,

R/o. House No.243/A,

VPO-Garmi, Tehsil Gohana,

Distt. Sonepat,

Haryana.                                                                                                      ……Complainant

                                                                        Versus

1. M/s. National Insurance Company Ltd.,

Division-XV, National Insurance Building,

8, India Exchange Place, First Floor,

Kolkata-700001.

Through its Branch Manager at:

6/90 Padam, Singh Road,

New Delhi.                                                                                        …..Opposite party no.1

2. M/s. Magma Fincorp Ltd.,

Magma House, 24, Park Street,

Kolkata-7000160.

Also at:

SCO-13, Second Floor,

Sector-3, Near Namaste Chowk,

Karnal, Haryana.

Through its Branch Manager at:

A-193, Okhla industrial Area, Phase-I,

New Delhi-110020.             .                                                           …..Opposite party no.2

HON’BLE SH. O.P.GUPTA, MEMBER(JUDICIAL)

HON’BLE SH. ANIL SRIVASTAVA, MEMBER

1.     Whether reporters of local newspaper be allowed to see the judgment?                    Yes

2.      To be referred to the reporter or not?                                                                     Yes

Present:           Shri Vikram Singh Saini, Counsel for the complainant.

                        Shri Animesh Sinha, counsel for the OP-1.

                        Ms. Ojasvi Proxy counsel for the OP-2.

PER  : SHRI ANIL SRIVASTAVA, MEMBER

                                                JUDGEMENT

          Shri Chand, resident of Sonepat, Haryana, for short complainant, has filed this complaint before this commission under the provisions of the Consumer Protection Act 1986, (the Act) against the National Insurance Company Ltd. and MAGMA  Fincorp Ltd., hereinafter referred to as OP-1 and OP-2 respectively, alleging deficiency of service on the part of opposite parties and praying for the relief as under:-

It is therefore, most respectfully prayed that this petition be kindly allowed and an amount of Rs.23,05,600/- and interest wherever  due be declared payable to the complainant by the OP-1 and it be directed to pay the amount as aforesaid to the complainant.

          Facts of the case necessary for the adjudication of the complaint are these.

          The complainant an ex-armyman retired from the Army in 2006, for the purpose of earning his livelihood, intended to purchase a JCB vehicle for deploying it in some construction related job, contacted OP-2 and finally purchased a vehicle/ construction equipment make “Backhoe Loader JCB India ltd. 3DX” engine number 4H2295/1023004, chasis no.:1387456 bearing registration no.HR 69A 3912 on hire purchase basis. The OP-2 financed purchase of the vehicle and for this purpose the complainant signed a few documents.

The said vehicle/ construction equipment was insured through OP-1 for a total sum of Rs.20,56,000/-  and the entire premium amount was paid to the OP-1 by the complainant through OP-2. That the said vehicle was insured vide policy no.150100/31/09/6700042199 and under special contingency policy vide policy no.9500008048 for a period commencing from 00:00 hours on 12.03.10 till midnight of 11.03.11.

          Thereafter the complainant deployed the said vehicle with one DSC Ltd. on contractual basis for construction related work at U.D. Link Road project under the supervision of AGM Shri Tabib. During the said engagement the vehicle went missing from the site on 26.09.2010. Consequently the complaint was made before SHO New Ashok Nagar, Delhi complaint  was ultimately culminated into  an FIR No.499/10 under Section 379 of IPC. On 14.10.2010 the complainant intimated about the loss of the vehicle to the OP-1 also.

   

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