26 December,2020 07:51 PM IST | Mumbai | mid-day online correspondent
Picture used for representational purpose only
A 26-year-old Gandhinagar resident, Bhadreshkumar Rathva, who purchased a motorcycle last February did not know that his bike would get stolen the very same day. After his bike was stolen, Rathva had to embark on a legal battle with the insurance company that refused to pay, claiming that the vehicle had plied illegally on the road.
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According to a report in Ahmedabad Mirror, things fell in place when the Consumer Disputes Redressal Commission ruled the decision in Rathva's favour and asked the insurance firm and dealer to pay Rs 2.11 lakh compensation with 9 per cent interest from the date the complaint was filed.
The redressal commission also ordered the firm to pay him Rs 5,000 for pain and suffering and cost quantified Rs 10,000. Rathva, a resident of Sector 6 in Gandhinagar, is a cop with the Ahmedabad police force.
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On February 10, 2019, Rathva got a loan and purchased a KTM RC 200 motorcycle from a dealer in Gandhinagar with a temporary registration number and insurance of up to February 8, 2020. Rathva had parked the bike at his house and it got stolen on the same night. When Rathva filed an insurance claim for the vehicle, the insurance firm rejected it.
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Post this, he filed a complaint with CDRC Gandhinagar against the dealer as well as the insurance company. During the proceedings, the dealer argued that he was a formal party and the advocate on behalf of the insurance company argued that the claim was rejected as the vehicle had plied on the road without being registered and as per law registration is necessary.
Rathva's advocate BM Rathod argued that the insurance firm had wrongly accused the complainant and provided no evidence that the vehicle had been illegally used on the road. After hearing both sides, the bench of Justices D T Soni and Jigar P Joshi observed that the allegation was baseless, meritless and much less taken only for the sake of depriving the right of the complainant.
The bench also observed that it is on record that a temporary registration had been provided. Rathva said, "I am fond of bikes and this was the first I had purchased on my own. I kept paying the loan instalments as I did not want to spoil my Cibil score. I am very happy that the decision is in my favour."
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